(A) Purpose.
(1) The use of signs to identify uses, advertise business and provide general orientation in the city is a recognized need and right of property owners within appropriately zoned districts.
(2) It is the purpose of this section to provide a balanced system of signage to facilitate communication between people and their environment and to avoid visual clutter that is potentially harmful to traffic safety, property values, community appearance and the economic vitality of the city.
(B) Prohibited signs. The following signs are prohibited in all districts:
(1) Flashing signs;
(2)
Strings of pennants, propellers, pinwheels, streamers, and similar small objects except as temporary signs;
(3) Signs imitating or resembling official traffic or government signs or signals;
(4) Signs attached to trees, rocks or natural formations or public property including but not limited to utility poles, benches, trash containers and parking meters, except as specifically authorized by the city;
(5) All signs not specifically identified within this chapter;
(6)
Roof-mounted signs;
(7) Animated message boards, except when located in the Central Business District at a motion picture theater or performing arts center with a minimum seating capacity of 200 seats, or when located on the city's freestanding sign on Civic Plaza;
(8) Signs that contain moving parts, including signs that spin or rotate; and
(9) All signage located in the public right-of-way except public information, directional, emergency, and traffic signs as approved by the City Engineer or his or her duly authorized agent.
(C) Illumination of signs.
(1) Sign illumination shall be designed and placed to not cause glare which may result in traffic hazards or which may interfere with the customary use of nearby residences in accordance with § 151.230 of this chapter.
(2) In residential districts, only nameplates and bulletin boards may be illuminated. In non-residential districts, all signs may be illuminated provided they meet the other provisions established in this chapter.
(3) The following restrictions shall apply to signs located in, adjacent to or across a street or alley from a residential zoning district: no commercial or industrial sign shall be illuminated between the hours of 11:00 p.m. and 7:00 a.m. except for:
(a) Those businesses open to the public during that time, in which case, illumination shall cease upon closing;
(b) Apartment complex, subdivision and mobile home park signs;
(c) Signs for hospitals and emergency health care facilities; and
(d) Off-premise signs may be illuminated except between the hours of 12:00 a.m. and 6:00 a.m.
(D) General location standards.
(1) All on-premise signs, except wall, marquee and awning signs, shall be located no closer than 5 feet from any right-of-way.
(2) Signs shall be erected so as not to obstruct sight lines along any right-of-way or so as
to obstruct sight lines to traffic control lights, street name signs at intersections or signals at railroad grade crossings.
(3) The lowest element of any sign which occupies the vertical space above a pedestrian or vehicular way and is designed to permit traffic thereunder shall be at least 10 feet above the finished grade of a sidewalk and at least 16 feet above the finished grade of a pavement used for vehicular traffic, unless otherwise specified.
Table 1 Maximum Sign Area in Square Feet (SF)
Residential Districts | O-Office, BP-Business Park, and OP-Office Park Districts | ||
All Single-Family and Two-Family Uses | All Other Uses Specifically Permitted in Residential Districts | ||
Residential Districts | O-Office, BP-Business Park, and OP-Office Park Districts | ||
All Single-Family and Two-Family Uses | All Other Uses Specifically Permitted in Residential Districts | ||
Freestanding signs | 1 SF name and address only | 10 SF for office uses; 32 SF for places of worship and educational institutions; 2 sign structure; 2 sign faces; all other uses, 4 SF; 1 sign structure; 2 sign faces; For schools and places of worship: an integrated message board may be mounted on the same supporting structure as the principal freestanding sign. When using such message board, the sign face may be increased to a maximum of 48 square feet in size.
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50 SF or 1 times the lot frontage, whichever is smaller; 1 sign structure; 2 sign faces. An integrated message board may be mounted on the same supporting structure as the principal freestanding sign. Such a message board shall be limited in size to 50% of the sign area of the principal sign and shall not count against the maximum permitted sign size identified within this table or elsewhere within this Zoning Ordinance.
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One 32 SF freestanding sign shall be permitted at each entry to a subdivision, apartment complex, office park, business park or multi-tenant building to identify the development; 1 sign structure, 2 sign faces or 2 sign structures, 1 sign face | |||
Wall signs | 2 SF; 1 wall sign; name and address only | 10% of the signable area or 20 SF whichever is smaller | 20% of the signable area or 50 SF, whichever is smaller |
See division (D)(6)(b) for “signable area.” | |||
See division (D)(6)(d) for “wall sign increase.” | |||
Projecting signs | Not permitted | Not permitted | 6 SF in O-Office District; all other districts, not permitted |
Temporary signs (as described in division (F)(5)) | 5 SF per sign; 2 sign faces | 5 SF | 32 SF for construction signs; all others 25 SF |
Directional signs | Not permitted | 1 SF not to exceed 2 signs per driveway | 2 SF not to exceed 2 signs per driveway
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B-1 Business District | B-2, B-3, and B-4 Business Districts | CBD-Central Business District | M-1 and M-2 Manufacturing Districts |
B-1 Business District | B-2, B-3, and B-4 Business Districts | CBD-Central Business District | M-1 and M-2 Manufacturing Districts | |
Freestanding signs | 50 SF or 1 times the lot frontage, whichever is smaller | 50 SF or 1 times the lot frontage, whichever is smaller | 40 SF or 1 times the lot frontage, whichever is smaller | 60 SF or 1 times the lot frontage, whichever is smaller |
An integrated message board may be mounted on the same supporting structure as the principal freestanding sign. Such a message board shall be limited in size to 50% of the sign area of the principal sign and shall not count against the maximum permitted sign size identified within this table or elsewhere within this Zoning Ordinance. | ||||
Wall Signs | 30% of the signable area to a maximum of 50 SF per facade for single tenant buildings; 30% of the signable area to a maximum of 25 SF per store front for multiple tenant buildings | 40% of the Signable Area to a maximum of 75 SF per facade for single tenant buildings; 40% of the signable area to a maximum of 32 SF per store front for multiple tenant buildings | 50% of the signable area to a maximum of 50 SF per facade for single tenant buildings; 50% of the signable area to a maximum of 32 SF per store front for multiple tenant buildings | 50% of the signable area to a maximum of 75 SF per facade |
See division (D)(6)(b) for “Signable Area.”; See division (D)(6)(d) for “Wall Sign Increase.” | ||||
Projecting Signs | 6 SF; 2 sign faces | 9 SF; 2 sign faces | 9 SF; 2 sign faces | Not permitted |
Temporary Sign (as described in division (F)(5)) | 32 SF for construction signs: all others 25 SF | 32 SF for construction signs; all others 25 SF | 32 SF for construction signs; all others 25 SF | 32 SF |
Directional Signs | 4 SF Not to exceed 2 signs per driveway | 4 SF not to exceed 2 signs per driveway | 4 SF not to exceed 2 signs per driveway | 4 SF not to exceed 2 signs per driveway
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(4) (a) One free-standing sign is permitted per zoning lot frontage excluding temporary and portable display signs.
(b) A free-standing sign located in a front yard shall be set within a landscaped island or area a minimum of 100 square feet in area.
(c) Free-standing sign increases.
1. The permitted size of a free-standing sign face may be increased at the rate of 2 square feet for every one foot the sign is located in excess of the required five feet minimum distance from the right-of-way. The sign may be increased to a maximum size of 150% of the permitted sign area identified in Table 1.
2. The permitted height of a free-standing sign may be increased at the rate of 1 foot for every 2 feet the sign is located in excess of the required 5 feet minimum distance from the right-of-way. The sign may be increased in height to a maximum of 20 feet. Freestanding signage shall not be permitted within the perimeter of the parking area. For the purpose of this requirement, perimeter shall be considered the area of a parking lot between the building and the outer curb, including all interior parking lot landscape areas such as peninsulas and islands.
(d) Free-standing signs shall be centered on the property, or if not possible, at least 20 feet from any adjacent side property line (see Figure 26.I).
(e) Poles, supports, pedestals, and other means of supporting a free-standing sign shall not be included in the determination of sign area.
(5) A projecting sign shall not extend above the wall to which it is attached and shall not extend horizontally more than 5 feet from the wall surface, shall not extend closer than 2 feet to a curb, and shall be located no less than 4 feet from an interior side lot line or party wall. In no case shall a projecting sign be attached to a building so that the sign is suspended more than 35 feet above the ground (see Figure 26.J).
(6) (a) A wall sign shall not extend above the wall to which it is attached, and such signs shall be set back from the ends of the building or party wall lines a minimum distance of 1 foot.
(b) Signable area.
1. For walls or buildings with architectural detailing (windows, doors, cornices, moldings columns and the like), the signable area shall be the 2-dimensional area that describes the square, rectangle or parallelogram on the facade of a building free of architectural details where a wall sign would be placed. (See Figure 26.K).
2. The signable area for a building facade, with or without architectural detailing, shall not exceed 25% of the total square footage of the facade.
(c) Wall sign area. The total square footage of wall sign(s) on a facade of a building shall be limited to the permitted sign area specified in Table 1.
(d) Wall sign increase.
1. The permitted size of a wall sign may be increased by an additional 20% of the wall sign square footage requirements as stipulated in § 151.234(D) Table 1, if a 6-foot high and 50 SF monument sign is installed in lieu of a pole sign.
2. This provision shall apply to all permitted free-standing signs regardless of the number of zoning lot frontages.
(7) The number of facades containing wall signage shall not exceed the number of zoning lot frontages for the property on which the building is located.
(a) Wall, marquee or awning signage may be placed on any facade of a building facing a public street or a customer parking lot provided a monument style sign, not to exceed 6 feet in height, is used as the only free-standing signage on the zoning lot.
(8) (a) One free-standing sign shall be permitted per zoning lot frontage. In addition, wall, marquee or awning signage may be used as per the following:
1. Where the business name of individual tenants is not placed on the free-standing sign; wall, marquee or awning signage may be used in accordance with Table 1 herein.
2. Where individual tenants business names are located on the permitted free-standing sign; wall, marquee or awning signage shall be limited to 75% of the maximum permitted sign square footage for the storefront on which the signage is to be placed.
a. Anchor stores shall be exempt from the above restriction.
b. A maximum of four stores in an enclosed mall may qualify as anchor stores.
c. A maximum of 3 stores in an unenclosed shopping center may qualify as anchor stores.
3. All wall, marque and awning signage for multi-tenant buildings or developments shall be of a consistent size and character, except for anchor stores which shall be permitted proportionately larger signage.
(b) Wall, marquee or awning signage may be placed on any storefront fronting a public street or a customer parking lot.
(9) Informational signage, whether wall or free-standing, shall be limited to that necessary to direct the public to particular uses of a building or site with lettering no larger than 1 foot in height.
(E) Area and height of signs for all districts. Table 1 establishes the maximum sign area and Table 2 the maximum sign height for freestanding, wall, projecting, temporary and directional signs in all established zoning districts. All other signs permitted within the city are discussed in division (F).
Table 2 Maximum Sign Height1
All Residential Districts | |||
All Single-Family and Two-Family Uses | All Other Uses Specifically Permitted in Residential Districts | O-Office, BP-Business Park, and OP-Office Park District | |
Free-standing sign | 5 feet | 5 feet | 6 feet |
Projecting Sign | Below eave line | Below eave line | Not permitted, except in O-Office District; within such districts, below eave line |
Directional | Not permitted | 3 feet | 3 feet |
B-1 Business District | B-2, B-3, and B-4 Business Districts | CBD-Central Business District | M-1 and M-2 Manufacturing Districts | |
Free-Standing Sign | 6 feet | 6 feet | 6 feet | 6 feet |
The maximum height of a freestanding sign may be increased at the rate of 1.8 foot in height for each foot of additional setback. In no case shall the sign exceed a maximum height of 20 feet. | ||||
Projecting signs | 35 feet maximum, but in no case higher than building wall | 35 feet maximum, but in no case higher than building wall | 35 feet maximum, but in no case higher than building wall | 35 feet maximum, but in no case higher than building wall |
Directional | 3 feet | 3 feet | 3 feet | 3 feet |
lsign height measured from existing curb height. | ||||
(F) Supplemental sign regulations.
(1) Drive-thru signs. Two drive-thru menu or information signs shall be permitted at each building which has a drive-thru facility. Drive-thru signs shall not exceed 6 feet in height with a minimum setback of 20 feet from any property line. Drive-thru signs are not permitted in any front yard. Information signs shall be limited to the name of the drive-thru business and information regarding the drive-thru services provided by the business.
(2) Gas pump signs. A maximum of 2 square feet of signage shall be permitted on each of the 2 sides of each gas pump. This restriction does not apply to any sign required by law.
(3) Window signs. No more than 25% of any window panel shall be covered by a window sign.
(4) Off-premises signs.
(a) Off-premises signs shall only be permitted in the B-3 and M, Manufacturing Districts.
(b) Off-premises signs shall be permitted only as either free-standing or wall signs unless otherwise restricted by this chapter.
(c) Off-premises sign faces shall not exceed 300 square feet in area. The sign faces of off-premises signs shall be constructed back-to-back.
(d) Off-premises signs shall not exceed 30 feet in height.
(e) The minimum distance between off-premises signs shall be 1,000 feet measured linearly along the right(s)-of-way to which they are visible.
(f) Off-premises signs shall be located behind the required building setback line of the lots on which they are located. Off-premises signs shall be located a minimum distance of 25 feet measured in any direction from the point of intersection of the right-of-way lines of 2 intersecting streets.
(g) Off-premises signs shall be set back at least 60 feet from residential districts and parks, except when measured along a common right-of-way, in which case the setback shall be no less than 120 feet.
(h) Off-premises signs shall be illuminated only by means of continuous reflected light. Internally-illuminated or back-lit billboards are prohibited. Off-premises signs shall not include automatically changeable copy signs.
(i) Off-premises signs shall not be located within 1,000 feet of any local, state or federally-created historic district or structure.
(j) Off-premises signs shall not be located within 1,300 feet of the St. Joseph River, the Elkhart River and/or Christiana Creek as measured from the stream bed.
(k) Off-premise signs shall not be located in the front yard.
(l) The owners of all off-premises signs shall provide to the Planning and Zoning Office an annual inventory of all such signs by March 15 of each year. The inventory shall include the following information:
1. Location by address and legal description;
2. Height of sign;
3. Number of faces and orientation;
4. Size of sign(s); and
5. Setbacks from property lines.
(m) Cigarette and alcoholic beverage advertisements.
1. No person may place any sign, poster, placard, device, graphic display or other form of advertising that advertises cigarettes and/or alcoholic beverages in a publicly visible location. In this section, publicly visible location includes any off-premise freestanding or wall sign. This section shall not apply to:
a. The placement of signs, including advertisements, on commercial vehicles used for transporting cigarettes and/or alcoholic beverages;
b.
Any off-premise sign located in an M-1 or M-2 District located more than 600 feet away from the boundary of any other zoning district which is not an M-1 or M-2 District, provided such sign faces away from any such other adjoining zoning district.
2. Division (F)(4)(m)1. will be applied to or interpreted to effect any contract executed after the effective date of this chapter and to any renewal term of a pre-existing contract beginning after the effective date of this chapter.
3. If any section, provision, clause, sentence or phrase of division (F)(4)(m) is for any reason held to be unenforceable or void, such holding shall not affect the reliability, enforceability or validity of the remaining provisions of division (F)(4)(m).
(5) Temporary signs. Temporary signs shall be permitted in addition to otherwise permitted signs and sign area in accordance with the following regulations. A zoning lot may utilize 2 of the following 3 types of temporary signs (inflatable display, yard sign, balloons) at a given time:
(a) Inflatable display, non-residential lot. (This item refers to a large, bag-like, flexible item filled with air or other gas to a point where it takes on a discernible shape. Display is usually rented, delivered to the site, filled with air or other gas and secured to the ground.)
1. Shall be permitted in “B” zoning districts or on lots containing a “B” use.
2. Display is limited to one item per zoning lot.
3. Display shall not encroach over right-of-way nor have motion caused by a varying supply of air or gas.
4. Inflatable display shall not be roof mounted.
5. A zoning lot may utilize a display for a total of 30 days per calendar year (Example: 5 uses at 6 days each.)
6. Fee shall be $15 per site per calendar year.
(b) Yard signs, non-residential lot.
1. Shall be permitted in “B” zoning districts or on lots containing a “B” use.
2. Shall be allowed in yard and/or landscaped areas. Shall not be allowed in right- of-way.
3. Size of yard sign is limited to 4 square feet. Height is limited to 3 feet.
4. A zoning lot may display 2 yard signs per street frontage.
5. A zoning lot may display 1 additional yard sign for each 250 feet of frontage.
6. A zoning lot may utilize yard signs for a total of 30 days per calendar year. (Example: 5 uses at 6 days each.)
7. Fee shall be $15 per site per calendar year.
(c) Balloons. (This item refers to small balloons secured to an item by string or stick-like device, as opposed to large inflatable display as described in division (F)(5)(a) above.
1. Shall be permitted as attachment device to product which is for sale and is normally displayed out-of-doors.
2. Use of balloons is limited to 120 days in a calendar year.
3. Fee shall be $15 per site per calendar year.
(d) Light pole banner. (This item refers to a piece of fabric secured to a light pole in interior parking lots; does not refer to light poles in the public right-of-way.)
1. Shall be permitted in “B” zoning districts or on lots containing a “B” use.
2. Banner shall be secured at top and bottom and shall be maintained in good repair.
3. Minimum clearance from ground shall be 12 feet.
4. Maximum of 1 banner per light pole.
5. Maximum square footage of banner shall be 25.
6. Fee shall be $15 per site per calendar year.
7. Length of display shall be unlimited as long as banner is maintained in good repair.
(e) Inverted B or Inverted T sign. (This refers to a small sign shaped as described by its name. Example of inverted V sign is an outdoor menu board at a restaurant. Example of inverted T sign is a sign often seen at a gas station or oil change facility.
1. Shall be subject to Board of Public Works jurisdiction when proposed to be located on a public sidewalk.
2. One sign shall be allowed per zoning lot.
3. Sign shall be taken indoors at close of business each day.
4. Shall be limited in size to 8 square feet.
5. Sign location shall not compromise pedestrian or vehicle traffic.
6. Fee shall be $15 per site per calendar year.
(f) Banners.
1. Banners shall not be permitted on residentially-zoned or used properties.
2. Banners shall be displayed so as not to be mounted in excess of 20 feet in height.
3. Banners shall not be constructed as free-standing signs. A banner may be placed within the signable area of a facade that faces a parking area or right-of-way.
4. Banners shall not be displayed for more than 30 days per calendar year. The use of banners shall be limited to 180 days per calendar year on a zoning lot in all business and manufacturing districts, and 30 days per calendar year for all institutional uses, as defined in division (F)(6)(a) of this section.
5. Banners shall be limited to 1 per zoning lot, with a maximum 40 square feet in sign face area and 7.5 feet in height.
6. Banners shall be maintained as installed and not allowed to droop, sag, flap or become torn and frayed.
7. All banners shall require a zoning clearance permit and a permit fee as shown in § 151.292.
(g) Temporary window signs. Temporary window signs shall cover no more than 25% of the window (glass) area where it is placed.
(h) Pennants. The display of strings of pennants, streamers, pinwheels, balloons and similar objects shall be prohibited except as permitted for carnivals and open-air festivals.
(i) Other temporary signs. Real estate, construction and signs for new businesses shall be permitted as temporary signs. Temporary signs for new businesses shall be limited to 90 days, by which time a permanent sign may be installed pursuant to permit requirements identified in this Zoning Ordinance. Temporary construction signs shall not display the name or any other markings identifying a home occupation that is being operated on the property where the construction is taking place. Temporary construction signs shall be limited to no more than 5 square feet in area in R-1, R-2 and R-3 residential zones, and to no more than 32 sq. ft. in area in all other zoning districts. Temporary construction signs shall be removed immediately upon completion of the construction, which completion shall be deemed to have occurred either upon the issuance of a certificate of occupancy for new construction, or upon completion of the last required inspection in cases of other than new construction. Temporary real estate signs shall not display the name or any other markings identifying a home occupation that is being operated on the property that is for sale or lease.
(j) Award or recognition signs. Municipal agency award or recognition signs shall be limited to a period of 60 days. Homeowner or business beautification or recognition signs placed by municipal agencies shall qualify for this requirement. The signs must be placed according to freestanding sign location requirements. Signs of this type may not exceed 20 square feet in area or 4 feet in height.
(6) Portable display signs.
(a)
The use of portable display signs shall be limited to 180 days per calendar year on a zoning lot in all business and manufacturing districts, and 30 days per calendar year for all institutional uses, as defined below, on a zoning lot in any residential district. Institutional uses shall include: churches, schools, libraries, charitable organizations, non-profit organizations, private clubs and lodges and other similar uses approved by the Planning and Zoning Office.
(b) Portable display signs shall be prohibited in all residential zones except as specified in subdivision (a) above.
(c) Double-faced portable signs shall be limited to 1 per zoning lot, with a maximum 40 square feet in sign face area and 7.5 feet in height.
(d) Sign shall be set back a minimum of 5 feet from the street right-of-way lines and 5 feet from any adjacent property line, except if adjacent property is zoned “R”, in which case the setback shall be 15 feet.
(e) Sign shall not be located in the intersection visibility area as defined in this chapter.
(f) Permits.
1.
All portable display signs shall require a portable sign permit fee ($15). Permit and fee are valid for any period or periods up to 90 days in a calendar year. Original permit must be amended for each additional sign placement to record days of use in order to be valid. All portable signs shall require a portable sign zoning clearance permit and a permit fee as shown in § 151.292.
2. Signs placed without a valid permit (original or amended) shall be red-tagged and required to pay a $15 penalty fee in addition to the original permit fee and any fine levied.
3. Any person or business who rents, leases and/or places portable sign(s) within the city (on property other than his or her own), shall post an annual bond of $1,000.
(g) Additional requirements.
1. Lighting shall be limited to 25 watt bulbs. Flashing lights are prohibited.
2. All electric connections to portable display signs shall comply with the city’s electrical ordinance (Ord. 3460, as amended) and the National Electrical Code (NFPA-70, Article 600) as adopted by the city’s electrical ordinance.
3. During times that street repairs interrupt the conduct of business, permits may be issued at locations approved by the Planning and Zoning Office for such time as construction hinders visibility and/or access to the business, as determined by the Planning and Zoning Office.
4. No portable sign may be converted to a permanent sign.
(7) Flags.
(a) Flags bearing the official design of a nation, state, municipality or organization are permitted within the city according to the following standards:
1. In residential districts, 1 flagpole shall be permitted per lot.
2. In all other districts, 3 flagpole shall be permitted per lot.
(b) Flagpoles shall not be located closer than 10 feet to an adjacent residential lot line.
(c) In residential districts, flagpoles may be no more than 25 feet in height.
(8) Marquee, canopy or awning signs.
(a) The signable area of a marquee, canopy or awning shall be limited to 50% of the area of the front or top plane, and 50% of the side plane of the marquee, canopy or awning. Signage shall be attached directly to the marquee, canopy or awning and shall not extend vertically or horizontally beyond.
(b) Such signs may be located no more than 20 feet above curb level and shall not extend above the window sill of the second story of a multi-story building.
(c) There shall be a minimum clearance of 8 feet between the bottom of the marquee, canopy or awning and the sidewalk or ground.
(9) Each property shall contain a sign identifying the address of the property. This sign shall not count against the permitted sign areas identified in Table 1, but in no case shall the address sign exceed 2 square feet in area.
(10) Termination of use.
(a) At the termination of use of any premises, building, structure or lot, the permission to display signs associated with such use shall terminate. All wall signs shall be removed within 365 days from the date of termination of such use. Freestanding signs whose height or size or setback no longer comply with regulations shall be removed in their entirety, including all support structures within 365 days from the date of termination of such use. Freestanding signs whose height, size and setback are in compliance with regulations shall have the sign faces removed within 365 days from the date of termination of such use.
(b) All signs associated with the premises must be kept clean, neatly painted, and free from all hazards, such as, but not limited to faulty wiring or loose fastenings, and must be maintained at all times in such safe condition so as not to be detrimental to the public health or safety.
(G) Maintenance.
(1) All signs shall be maintained in a good state of repair, including, but not limited to repair of defective parts, painting and cleaning. The replacement of the structural members of a non-conforming sign for the purpose of extending the life of such non-conforming sign, shall not constitute maintenance as defined in this section, but shall be considered as new construction and must thereby satisfy all requirements of this chapter.
(2) The owner of any property on which a sign is located and those responsible for maintenance of the sign shall be jointly responsible for the maintenance of the area in the vicinity of the sign and shall be required to keep this area mowed in accordance with city standards and maintained in a safe, clean and sanitary condition free of noxious or offensive substances and rubbish.
(3) The Planning and Zoning Office or authorized representative shall have the right of entry in order to inspect all signs for compliance with the provisions of this chapter.
(4) (a) When any sign or adjacent area is not maintained within the provisions of this chapter, or determined otherwise unsafe, the Planning and Zoning Office or the authorized representative shall send written notice to both the owner of the property on which the sign is located and the sign owner.
(b) Notice shall direct the owners to remove, repair or alter the sign or to maintain the property in accordance with city standards.
(c) If the sign is not removed, replaced or altered or the property not properly maintained within 90 days, the city or authorized representative shall cause the sign to be removed, repaired or altered or the property to be maintained at the expense of the property and/or sign owner in accordance with the procedures of this chapter.
(I) Nonconforming signs. Any sign lawfully established prior to the effective date of this chapter that does not conform to the regulations herein shall be deemed a nonconforming use and may be continued except under the following conditions:
(1) If there is an increase or decrease in the size of the sign face.
(2) If the sign is removed from its original place of installation.
(J) Special exceptions/conditional uses.
(1) Signs accessory to special exceptions or conditional uses may be approved by the Board as a part of the special exception or conditional use.
(2) If not specifically approved as part of the special exception or conditional uses, signs accessory to the uses shall conform to the sign standards of the district in which they are located.
(K) Permits.
(1) A zoning clearance permit shall be obtained from the Planning and Zoning Office prior to the issuance of a zoning permit for the signs as permitted herein.
(2) A sign permit shall be obtained from the Building Department prior to the erection of any sign listed in division (D).
(3) A sign permit may, at the sole discretion of the Planning and Zoning Staff, be issued for a new sign face if the existing sign base, pole and frame are located in the primary street setback, provided that:
(a) The new sign face will not exceed the size of the existing sign frame; and
(b) The Planning and Zoning Office may, but shall not be required to, waive the requirement of petitioning and receiving a variance from the Board of Zoning Appeals for the placement of an on-premise sign within a primary street/major thoroughfare setback. Basis for any waiver shall include, but not be limited to the prevailing on-premise sign setback along the primary street/major thoroughfare within 500 feet of the property. Permittee shall sign and record a primary street/major thoroughfare agreement with the city.
(4) An electrical permit shall be obtained from the Building Department for the erection, installation, or replacement of any sign requiring electrical power for lighting, movement or copy change.
(L) Fees, penalties or appeals.
(1) Fees. The fees for permits to erect or place signs shall be prescribed in the Building and Electrical Codes of the city.
(2) Penalties. In addition to any other penalties prescribed herein, signs which are located without valid permit or in violation of this chapter, more than once within any 6-month period may result in revocation of the bond and/or permit and no additional permits may be issued for a period of 12 months to the person or subsequent transferee.
(3) Appeal. The decision of the Planning and Zoning Staff shall be final except upon appeal of its decision to the Board of Zoning Appeals pursuant to the requirement of § 151.231 of this chapter.
(M) Construction standards. The construction materials and details for all signs erected in the city shall be of the quality and grade as specified for buildings in the Uniform Building Code as adopted by the Administrative Building Council of the State of Indiana.
(1979 Code, §151.194) (Ord. 4370, passed 7-20-1998; Am. Ord. 4431, passed 7-12-1999; Am. Ord. 4462, passed 1-13-2000; Am. Ord. 4542, passed 12-4-2000; Am. Ord. 4592, passed 6-4-2001; Am. Ord. 4683, passed 7-1-2002; Am. Ord. 4762, passed 8-1-2003; Am. Ord. 5044, passed 7-9-2007; Am. Ord. 5175, passed 7-20-2009; Am. Ord. 5196, passed 1-4-2010)
Penalty, see § 151.999