(A) In any zoning district, except as noted, the provisions of this division (A) shall be applied to effect the safety of motorists and facilitate traffic movement.
(1) No sign shall be erected or maintained at any location where, by reason of its position, wording, illumination, size, shape or color, it may obstruct, impair, obscure or interfere with the view of, or be confused with, any authorized traffic control sign, signal or device.
(2) No sign shall contain or make use of any phrase, symbol, shape, form or character in such a manner as to interfere with, mislead or confuse moving traffic.
(3) No exterior sign having flashing, intermittent or animated illumination shall be permitted except:
(a) Electronic informational signs (electronic message boards); and
(b) In any zoning district where general street lighting is provided and traffic movement on adjoining streets is regulated at 35 miles per hour or less.
(B) In any district, the provisions of this division (B) shall apply.
(1) No part of any sign that is attached to a building shall be erected to a height greater than the height of the building.
(2) No illuminated sign shall be permitted within 50 feet of property in a residential district unless the illumination of the sign is so designed that it does not reflect or shine into or onto the property.
(3) No part of any freestanding sign shall be erected to a height greater than that specified for accessory structures in the district in which the sign is located.
(4) The minimum setback of a freestanding sign from any public right-of-way or lot line shall be the minimum setback provided in the zoning district in which the sign is located.
(5) The area of a sign shall be determined by the smallest circle, triangle or rectangle that can be used to enclose the sign, exclusive of supporting members that bear no message.
(6) All signs, temporary or permanent, shall be constructed or maintained in a presentable manner for the lifetime of the sign.
(7) Any non-conforming sign that is or becomes deteriorated shall be removed from the premises by the owner of the sign. A condition of deterioration shall exist when the sign is determined by the Zoning Administrator to be more than 30% destroyed by natural causes or otherwise. The sign, if not removed, shall be abated as a nuisance.
(8) No permanent sign, whether an awning, freestanding, illuminated, portable, projecting, roof or wall sign shall be erected within, or extend over, a public right-of-way except for overhanging signs in the General Business District (B-1). For a sign extending over a public roadway, the minimum clearance from the bottom of the sign to the ground level shall be 14 feet.
(C) In any residential district the provisions of this division (C) shall apply.
(1) One name plate shall be permitted for each dwelling unit in a single family or multi-family structure. The name plate shall indicate nothing other than the name and/or address of the occupant and/or a customary home occupation. No other sign shall be allowed. This provision shall not be construed to prohibit each dwelling from also displaying a house numbering plate for identification.
(2) Multi-family residences and residential projects of all types may display identification signs indicating nothing other than the name and/or address of the premises and/or the name of the management. The signs shall not exceed nine square feet in area.
(3) For uses other than those listed in divisions (C)(1) and (2) eligible to display a sign, only one sign per street frontage shall be permitted.
(4) In the General Business District (B-1), the provisions of this division (C)(4) shall apply except as otherwise provided.
(a) Residential uses in the General Business District shall be subject to the provisions of division (c) of this division (C)(4).
(b) Except in those blocks where 25% of the lots are already occupied by business uses and where overhanging signs are already established, no sign shall project over a lot line, and no sign shall project into a required yard by more than two feet.
(c) Any sign that advertises a product or service no longer available on the premises of a business that has permanently closed or has moved from the premises shall be removed by the owner of the premises.
(d) Trailers or box trucks of any kind, whether operational or not operational, shall not be used as stationary advertising signs.
(e) One sign with a net sign area of 250 square feet shall be permitted in the sign area.
(D) In the industrial districts, each business or industrial use shall be permitted identification signs as an incidental use of the lot.
(E) The signs permitted by this division (E) shall be allowed in any zoning district.
(1) Each public recreation, community facility or clinic use shall be permitted one bulletin board or identification sign not to exceed 12 square feet, except that uses occupying extended frontages shall be permitted one such sign per 200 feet of frontage.
(2) Each permitted or required parking area that has a capacity of more than five cars shall be permitted one sign, not more than two square feet in area, designating each entrance and exit from such parking area; and one sign, not more than nine square feet in area, identifying or designating the conditions of use of such parking area for each 25 spaces except that a minimum of one such sign shall be permitted.
(3) One sign, not more than 20 square feet in area, pertaining to the sale of agricultural products raised on the premises, shall be permitted.
(4) Signs established by, or by order of, any governmental agency shall be permitted.
(5) One sign, not more than 32 square feet in area, for construction or development, giving the name of the contractors, engineers or architects shall be permitted, but only during the time that construction or development is actively underway.
(6) Off-premises signs shall be defined and allowed by this subdivision. An off-premises sign is defined as any sign which identifies, describes, illustrates or directs the reader’s attention to a product, service, activity, business or commercial enterprise not sold, provided or conducted on the premises on which the sign is located. An off-premises sign shall be permitted for the following time periods and with the following fees:
(a) For the first 14 days (the “initial period”) –$25.
(b) An additional 14 days consecutive to the initial period - no additional fee.
(c) A third 14-day period consecutive to the second 14-day period - $50.
(d) A fourth 14-day period consecutive to the third 14-day period - no fee.
(e) No further extensions of time will be allowed within a 90-day period beginning with the first day of the initial period.
(f) After the expiration of the 90-day period beginning with the first day of the initial period, an off-premises sign permit may be renewed for one more 14-day period at a fee of $100.
(g) Portable signs shall be permitted in any district provided the signs have been issued a sign permit. A portable sign shall be permitted for an initial period of 14 days and may be renewed one time only for an additional 14 days (for a total of 28 days). There shall be only one portable sign on any lot.
(F) Temporary and portable signs shall be permitted as follows:
(1) In a residential subdivision, the developer of record shall be allowed to erect one sign, not to exceed 128 square feet in area, advertising the sale of lots within the subdivision. No single dimension of the sign shall exceed 16 feet. There shall be one sign located at the entrance of the subdivision, which sign shall be within the boundaries of the subdivision. The setback from the front or side lot line shall be equal to one-half of the required front building setback as specified in the zoning district in which the subdivision is located. Signs shall be removed by the developer or his or her agent upon completion of the sale of 90% of the lots in the subdivision.
(2) All political signs shall be erected and removed within the time period allowed by the provisions of the Indiana Code.
(a) All campaign literature of any type, including, but not limited to, signs, posters, pamphlets, brochures, any written material and any other campaign items shall be prohibited from all property owned by the town, occupied by the town, or leased by the town, or any of its departments.
(b) CAMPAIGN MATERIAL, including but not limited to, signs, posters, pamphlets, brochures, any written material or campaign items, is also prohibited from:
1. The rights-of-way of State Road 427 and State Road 1; and
2. The rights-of-way of all streets and roads, including alleys, dedicated to the public, within the corporate limits of the town.
(c) Town officials are authorized to remove campaign literature in violation of this section.
1. The town shall attempt to notify the party or organization that placed campaign material in violation of this section so that the campaign material may be retrieved.
2. In the event that campaign material is not retrieved after notification to the organization or party, and in the case the town can not determine who to notify, the campaign material shall be kept secure until after the election then, if unclaimed, shall be destroyed as soon as practicable after the election.
(3) Signs advertising or giving directions to an official or special event are allowed to be erected no more than 24 hours before the event and removed no later than 24 hours after the event is concluded.
(4) One “For Sale” or “For Rent” sign or a sign identifying the principal builder or general contractor of a structure on a lot (such as “Built by ABC Builders”), not more than 12 square feet for each dwelling unit, garage or other quarters shall be allowed. However, in Zoning District R-2, two such signs are allowed, provided only one is placed on the lake side and only one is placed on the street side.
(5) One “Open House” sign is allowed for the completed structure that is offered for sale, such Open House sale sign shall be located on the same lot as the structure offered for sale.
(6) This provision deals with signs connected or related to construction or remodeling of a dwelling unit, garage or other structure being erected on a lot upon which such signs shall be subject to the following regulations:
(a) This provision applies to “For Sale,” “For Rent,” “Built by ABC Builders,” and the like signs and signs for subcontractors, material men and suppliers of labor and material for the structure being constructed on the lot.
(b) All such signs shall be no more than 12 square feet in size. Subcontractors, material men and suppliers of labor and material are limited to one sign per lot.
(c) Signs for the general contractor, principal builder, subcontractor, material men and suppliers of labor and material shall be removed at such time as the Zoning Administration receives notification and request for concurrence of the issuance of an occupancy permit from the Building Departments of Steuben or DeKalb County. Such sign shall be removed by the homeowner or builder/general contractor.
(d) All signs subject to the provisions of this division (F)(6) shall be centrally located in a cluster on the lot.
(G) Each sign as permitted by this section shall require a sign permit. An application for a sign permit shall be made upon a form provided by the Zoning Administrator and shall contain or have attached thereto, at a minimum, the following information:
(1) The name, address and telephone number of the applicant;
(2) The location of the lot or tract of property on which the sign is proposed to be constructed;
(3) The proposed location of the sign upon the lot or tract;
(4) The type of material comprising the sign and the size of the proposed sign; and
(5) Such other information as the Zoning Administrator shall require to show compliance with this section and other town ordinances.
(6) For any event of public interest, such as a Fourth of July celebration, county fair, church event or the like, one sign of not over 24 square feet in area and located on the site or on property adjacent to the site of the event shall be permitted. The sign shall not be erected for more than a few days before the event commences and shall be removed immediately after such event concludes. Also, directional signs, not more than 3 square feet in area, showing only a directional arrow and the name of the event shall be permitted. The directional signs shall not be erected more than 14 days before the event commences and shall be removed immediately upon the event concluding.
(7) Exceptions. Signs allowed pursuant to § 153.15(F) may be erected without a permit.
(H) The denial of a sign permit by the Zoning Administrator may be appealed to the Board of Zoning Appeals. Non-profit organizations and municipal organizations will be issued permits at no charge and each application for Improvement Location Permit for a sign shall be accompanied by a fee as established in § 153.59(B)(7).
(I) The penalty provisions of § 153.99 shall apply to violations of this section. Also, a violation of this section is declared to be a common nuisance and may be abated under existing law.
(‘88 Code, § 10-3-1) (Ord. 82-4, passed 4-26-82; Am. Ord. 91-4, passed 1-6-92; Am. Ord. 94-2, passed 4-4-94; Am. Ord. 2002-22, passed 6-6-03; Am. Ord. 2007-04, passed 5-7-07; Am. Ord. 2011-7, passed 12-29-11; Am. Res. 2014-5, passed 6-2-14; Am. Res. 2016-3, passed 6-6-16)
Cross-reference:
Abatement of nuisances, see § 93.03