(A) General information.
(1) Sections 158.030.01 through 158.030.12 outline the signage regulations for the City of Huntington. Should you wish to erect signage that is in conflict with the provisions outlined, you may apply for a variance from development standards in accordance with § 158.076.
(2) For the purpose of this chapter, one sign, as defined elsewhere, shall constitute single- or double-sided facing provided the angle of separation between the two sign faces is no more than 60 degrees unless otherwise noted. When sign area and proximity allows, a permitted single sign may be comprised of several small signs, provided the total area of the signs do not exceed the provided size limitations.
(3) When measuring the distance between signs, unless otherwise noted, linear dimensions shall be made between the nearest sign base or mounting location of the signs.
(4) Sign setbacks shall apply to the entire sign or sign structure, not from the mounting or support structure location.
(B) Purpose and intent.
(1) The purpose of §§ 158.030.01 through 158.030.12 is to create a comprehensive and balanced framework to regulate signs, which can be viewed from the exterior of structures to protect the health, safety and visual aesthetics, and to promote the overall public welfare, including, but not limited to encouraging the effective usage of signs as a means of communication within the community, in a manner that is fitting.
(2) The intent of §§ 158.030.01 through 158.030.12 is to acknowledge the need for adequate business identification and advertisement to conduct business, while promoting an attractive appearance throughout the community, through the use of permitting, reasonable standards, and regulations formulated to ensure compliance by all existing and future signs regulated within §§ 158.030.01 through 158.030.12. These sections are designed to authorize signs, which are:
(a) Compatible to their surrounding land uses while meeting the objectives of proper zoning amenities;
(b) Located, constructed, installed and maintained in such a manner that they do not endanger public safety or traffic safety;
(c) Established in such a way as to allow and promote the optimum conditions for meeting the sign user's needs for identification while at the same time promoting the amenable environment required to serve the public welfare;
(d) Respectful of the reasonable rights of advertisers whose messages are displayed.
(C) First Amendment protection. No section of §§ 158.030.01 through 158.030.12 shall be interpreted to hinder or prohibit freedom of speech as provided for under the First Amendment. No regulations within are placed on personal opinion messages, political speech, political election or political issue signs. All provisions outlined in §§ 158.030.01 through 158.030.12 are content neutral and only seek to regulate the quantity, size, height, location, spacing and other quantifiable elements of commercial signage and advertisement in order to protect the public interest through traffic safety, aesthetics and other similar interests.
(D) Multiple tenants. On parcels where more than one tenant occupies a single parcel, the provisions contained within this section shall apply to each tenant individually, except where noted.
(E) Definitions. For the purpose of §§ 158.030.01 through 158.030.12, the following definitions shall apply unless the context clearly indicates or requires a different meaning. In any situation where a given definition presents some level of ambiguity, the interpretation by the Director shall prevail, subject to any challenge to be decided by the Board of Zoning Appeals as provided.
"AREA (OF A SIGN)." The area in square feet of a sign, when a complex sign shape exists, the director may determine the area of a sign by calculating the smallest, simplest, single geometric figure, which encloses the outside shape of the entire sign face.
"BOTTOM ROOFLINE." The principle bottom edge of the roof of a structure, which may be the lowest point of shingles or other roofing material where fascia is located and rain gutters are typically attached.
"CHANGEABLE COPY." A part of a sign, which, through design may feature removable or changeable faces, plates or lettering.
"COPY." The wording and advertising area on a sign surface in either permanent or changeable copy form.
"CORNER VISION CLEARANCE." The triangular area formed by the intersection of any road right-of-way lines by a straight line drawn between the rights-of-way lines at a distance along each line of 25 feet from their point of intersection. Consideration should also be given to private drive entrances, if the Director determines this constitutes a traffic safety concern, limitations may be placed upon the sign.
"DIRECTOR." The Director of the Community Development and Redevelopment Department.
"ELECTRONIC MESSAGING." See "SIGN, DYNAMIC".
"FACADE." Any face of a building, that's nearest property line directly abuts a street, private roadway, or other improved right-of-way.
"FOOT-CANDLE." A standard unit of illumination produced on a surface, all points of which are one foot from a uniform point source of one candle.
"HEIGHT (OF A SIGN)." The distance between the lowest grade level within two feet of either side of a sign and the highest part of the sign or its supporting structure.
"MINIMUM CLEARANCE (OF A SIGN)." The smallest vertical distance between the grade of the adjacent street, curb, or sidewalk and the lowest point of any sign, including framework and embellishments, extending over that grade.
"NAMEPLATE." A non-electric, on-premise identification sign giving only the name, address and/or occupant or a group of occupants.
"ROAD FRONTAGE." The individual number of improved streets, roads or vehicular rights-of-way that directly abut a property. For the purpose of §§ 158.030.01 through 158.030.12, roads shall be limited to public roadways intended for motor vehicle travel. When determining road frontage, private drives, private roads, and public alleyways shall not constitute as a road frontage.
"ROOFLINE." The top or bottom most, as specified, part of a roof of a structure for which a sign is affixed to.
"SERVICE STATIONS." A retail establishment such as a gas station, convenience store or motor vehicle garage that holds a valid Indiana registered retail merchants certificate.
"SIGN." Any identification, description, symbol, illustration or device, which is in view of the general public or intended to be viewed from public rights-of-way, that are affixed to, painted or represented directly or indirectly and which identifies or directs attention to a person, place, product, service, activity, institution or business. "SIGN" also includes "lighter than air" advertising devices when they contain sign elements.
"SIGN, AUCTION." A temporary sign, which announces the date, time and other information relative to the auction of real estate or personal property at that premise.
"SIGN, AWNING." A sign that is painted, stamped, perforated, stitched or otherwise applied on the surface of an awning. For regulation purposes, an awning sign shall be considered a projecting sign.
"SIGN, BANNER." Any hanging sign possessing characters, letters, illustrations or ornamentations applied to paper, plastic, fabric, or any kind of material. This classification shall not include plastic or fabric signs, which are permanently attached within or over a rigid frame, which are intended to be used as a semi-permanent sign. National flags, flags of political subdivisions and symbolic flags of any institution or business shall not be considered banners for the purpose of this chapter.
"SIGN, BILLBOARD." Any structure affixed to the surface of land or to any building, tower, pole(s), or other structures designed, arranged, used or intended to be used for outdoor advertising or where display space is purchased or rented for general advertising purposes.
"SIGN, COMMUNITY SERVICE." A sign, which promotes, declares or identifies a community service organization. Such organizations are typically not for profit and their signs are temporary. The placement, duration and quantity of these signs are determined by the Director.
"SIGN, CONSTRUCTION." Any sign announcing the names of architects, engineers, contractors or other individuals or firms involved with the construction, alteration or repair of a building project or announcing the character of the building enterprise or the purpose for which the project is intended.
"SIGN, DIRECTIONAL." Any sign, which serves solely to designate the location or direction of an area or place, which may include terms such as "enter", "exit", distance to and the name of the location or area in a legible font.
"SIGN, DIRECTORY." A sign, which provides a listing of uses or tenants within a particular building or complex of buildings, winch are located on the same parcel. Depending on the characteristics, these signs can be wall or ground signs.
"SIGN, DYNAMIC." A sign, which features animation through programmable ink, intermittent or non-intermittent electronic messaging, LED video or any other method, which is designed to change the display message, image or other digital copy in an electronic format. This does not include electronic pricing signs, tri-vision signs, electronic time and temperature signs, neon signs, signs that are accentuated by light bulbs or signs which are backlit by a light source.
"SIGN, FLASHING." See "SIGN, DYNAMIC".
"SIGN, FREESTANDING." See "SIGN, POLE" or "SIGN, GROUND" depending on characteristics.
"SIGN, GROUND." A low profile sign completely or principally self-supported by posts or other sign apparatus independent of any building or other structure.
"SIGN, INCIDENTAL." A sign which is not explicitly defined by the provisions set forth in §§ 158.030.01 through 158.030.12, or a sign, which due to its size, location or other characteristics is an anomaly or unique in its nature or intention.
"SIGN, MARQUEE." See "SIGN, PROJECTING".
"SIGN, MOBILE." A sign, which is designed to be moved from one location to another, and is not permanently affixed to the ground or to a structure that is permanently affixed to the ground. Signs such as flashing arrow signs and portable reader board signs are classified as mobile signs. For regulation purposes, a mobile sign shall be considered a ground sign and temporary in its permitting.
"SIGN, MOBILE BILLBOARD." A sign affixed to a motor vehicle, an object that is towed by a motor vehicle or an object that has wheels and is designed to be moved from one location to another or to remain in constant travel. It is designed, arranged, used or intended to be used for outdoor advertising or where display space is purchased or rented for general advertising purposes.
"SIGN, MONUMENT." See "SIGN, GROUND".
"SIGN, OFF-PREMISE." Any sign, which identifies or directs attention to a commercial product, service, activity or business not conducted on the parcel on which the sign is located.
"SIGN, ON-PREMISE." Any sign, which identifies or directs attention to a commercial product, service, activity or business conducted on the parcel on which the sign is located.
"SIGN, OPEN HOUSE." A sign, which announces an active open house or date and time of a future open house on the premise, which it is located.
"SIGN, PEDESTAL." See "SIGN, GROUND".
"SIGN, POLE." A medium-high profile sign, which is supported by one or more uprights or braces in the ground.
"SIGN, POLITICAL CAMPAIGN." A temporary sign on behalf of candidates for public office or measures on election ballots or of public concern.
"SIGN, PROJECTING." A sign other than a wall sign, which is attached to or projects from a structure or building face and does not project above the top roofline or the cornice wall. This sign includes those designed and/or constructed as an integral part of a marquee or giving the appearance of being an integral part of a marquee. Awning signs shall constitute as a projecting sign. Signs may project from a building a maximum of six feet and may project into any required building setbacks. Signs may project over a sidewalk, but may not extend into any public or private roadway.
"SIGN, PYLON." See "SIGN, POLE".
"SIGN, REAL ESTATE." A temporary sign which advertises the sale, lease or rental of the property of which it is on.
"SIGN, ROOF." A sign affixed directly to the roof a structure or a sign which extends above the top roofline of said structure.
"SIGN, SANDWICH BOARD." A sign, typically of an A-frame design, located directly in front of the commercial establishment for which it advertises. These signs may be placed on a sidewalk, provided they do not impede the flow of pedestrian travel, handicap ramps or similar elements and are only on display during the normal operating hours of the business. These signs may not be placed in roadways or parking spaces. These signs are exempt from permit requirements. The Director shall determine if a sign shall be appropriate to substitute in place of a typical sandwich board type sign.
"SIGN, STATIC." A permanent or changeable copy sign, which does not feature characteristics of a dynamic sign.
"SIGN, SUBDIVISION." A sign, which identifies a platted subdivision or other group of residential structures.
"SIGN, TEMPORARY." A sign intended to be displayed for a designated amount of time. Included in this category are banner signs, construction signs, auction signs, real estate signs, political campaign signs and other signs as determined by the Director.
"SIGN, WALKING." A sign attached to, held by or otherwise attended by a human being for the purpose of advertising or solicitation of commercial nature.
"SIGN, WALL." A sign affixed directly to, painted on or otherwise inscribed on an exterior wall, facade or other integral structural member and confined within the lot lines of any parcel and which projects from the surface less than 12 inches at all points. Wall Signs are not permitted to extend above any top roofline.
"SIGN, WINDOW." A sign that is applied or attached to the exterior or interior of a window or located in such a manner within a building that it can be seen from the exterior of the structure through a window. One window shall constitute a single pane of glass.
"SIGN, VEHICLE." A sign affixed to a motor vehicle.
"TENANT." An owner, leaseholder, renter or other occupant of a property or structure who is independent from any other tenant at the same premises.
"TENANT STRUCTURE." A single structure, which may be independent or part of a set of a group of structures that houses one or more individual tenants.
"TOP ROOFLINE." The principle top edge of the roof of a structure, also known as the peak.
(F) Exemptions. The following types of signs are exempt from all requirements of §§ 158.030.01 through 158.030.12 unless otherwise noted, but shall be established and maintained in a manner that does not cause safety hazards. No permits are required for the following signs:
(1) Public traffic control signs;
(2) Private traffic control and warning signs;
(3) Government informational signs and legal notifications;
(4) Public directional or public or private warning signs;
(5) Memorial plaques, cornerstones and historical markers;
(6) Flags of any country, state, unit of government or non-profit organization;
(7) Residential nameplates and address numbers;
(8) Public information signs identifying telephones, restrooms, and similar facilities;
(9) Holiday decorations and special event signs which are directly related to an individual achievement, specifically noncommercial in nature, such as birthday, anniversary, birth announcement, holidays or sporting teams and events;
(10) Electronic time and temperature signs provided they are not more than 25% of a larger permitted sign and only display the current time and temperature as experienced on premise;
(11) Window signs;
(12) Any sign specifically authorized by a legislative body for a public purpose;
(13) Signs on display for the purposes of a public parade event. Such parades shall have permission to close streets and police escorts if required and authorized by the city;
(14) Signs on display for the purpose of public events, festivals and celebrations recognized by the City of Huntington and authorized by the Board of Public Works and Safety;
(15) Vending machines and similar self service machines provided they advertise the products contained within them or premise upon the which they are located;
(16) Drive thru order menus, "open", "closed", and hours of operation signs.
(G) Directional signs.
(1) Private directional signs are permitted to aid in the safe movement of vehicular traffic. A valid sign permit is required prior to erecting a directional sign.
(2) Typical wording includes the name of the establishment and "enter", "exit", distance to and other similar wording.
(3) The Director may limit the location of such signs should a traffic safety concern arise from their placement near public rights-of-way and private drives.
(4) For new construction or uses, the lighting, size and quantity of these signs shall be determined through the development plan review process when required.
(5) For new directional signs at existing locations, the lighting, size and quantity of these signs shall be determined by the Director on a case-by-case basis.
(Ord. 4-C-10, passed 4-13-10; Am. Ord. 18-C-14, passed 7-29-14)