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In all zoning districts the following temporary signs are permitted, in accordance with the regulations set forth herein. Further, temporary signs shall not be placed upon public property, public easements, public utility poles, traffic poles or standards or other public structures or buildings.
(A) For sale and for rent or lease signs. One non-illuminated sign pertaining to the sale, rent or lease of the premises upon which it is placed, not exceeding six square feet in area, provided that said sign shall be removed within seven days of the consummation of the sale, rent or lease or of the termination of the sale, rent or lease agents authority.
(B) Open house signs. Not to exceed three non-illuminated signs and six square feet in area each, may be placed during daylight hours on the day of a Real Estate Broker sponsored open house, to inform and direct the public to the location of the open house.
(C) Contractors signs. One non-illuminated and non-portable sign, not exceeding 16 square feet in area, bearing the street number of a new or remodeled structure and/or the names of the general contractor, sub-contractor, owner or tenant may be placed on the premises during the construction work. Said sign shall be removed within seven days of substantial completion of the work.
(D) Lot signs. One non-illuminated and non-portable sign, not exceeding 16 square feet, bearing the name of the owner, and the fact that the lot is for sale. Said sign shall be placed only on the lot it is advertising, and only until the lot is sold.
(E) Special event signs. One sign, excluding flashing signs, announcing and/or promoting any educational, charitable, philanthropic, civic or religious campaign drive, or event, may be placed on the premises where the event is to take place, not exceeding 16 square feet in area. Said sign may be located for a period not to exceed 30 days preceding the event and shall be removed within five days after the event. Special event signs announcing the opening or re-opening of a business are permitted, and held to the same standards except the duration shall not exceed ten calendar days.
(F) Special event banners. One all weather banner, announcing and/or promoting any educational, charitable, philanthropic, civic or religious campaign drive, movement or event, not exceeding 24 square feet in area may be hung. Said sign may be located for a period not to exceed 30 days preceding the event and shall be removed within five days after the event. Special event banners announcing the opening or re-opening of a business are permitted, and held to the same standards except the duration shall not exceed ten calendar days.
(G) Political signs. Non-illuminated political campaign signs, intended to be viewed from the public sidewalk or streets, in support of a candidate or candidates for office or urging action on any other matter on the ballot of a primary, general or special election, not exceeding six square feet in area may be placed on private property in any zoning district. Said signs may be located for a period not to exceed 30 days preceding each election for which the sign was installed. The candidate whose name appears on such signs (or the party who placed the sign if no candidate's name appears) is liable for the removal of said signs within five days after the election of which it refers.
(H) Public expression signs. One sign expressing a political, social, or religious position is permitted not exceeding 16 square feet in area. Public expression signs are not to be used as political signs related to an election.
(I) All temporary signs. All temporary signs shall comply with the following:
(1) The content of said sign shall not contain gross displays;
(2) The anchoring and structure of said sign shall be adequate to prevent the sign from becoming a projectile during high winds;
(3) The face of said sign shall be properly maintained to avoid cracking, peeling, or fading to the point of being a blighting influence; and
(4) Said signs shall not contain illumination.
(J) Subdivision signs on premise. A maximum of two, non-illuminated and nonportable signs, not exceeding 64 square feet each, bearing the name of the development, developers, and builders associated with said development. Said sign shall be placed no longer than 24 months after granting final subdivision approval, or so long as some portion of the property remains unsold, whichever period is shorter. The Building Commissioner shall have the power to grant reasonable extensions after the expiration of the 24-month period. The signs must be located within the development for which they advertise. In any subdivision larger than five acres in size, one additional 64- square foot-sign may be placed for each five-acre increment.
(K) Subdivision signs off premise. A maximum of two, non-illuminated and nonportable signs, not exceeding 64 square feet each, bearing the name of the development, developers, and builders associated with said development, intended to direct potential buyers. Said sign shall be placed no longer than 24 months after granting final subdivision approval, or so long as some portion of the property remains unsold, whichever period is shorter. The Building Commissioner shall have the power to grant reasonable extensions after the expiration of the 24-month period. The signs must be located on private property, a minimum of eight feet from the front property line, and shall not obstruct traffic sight distance. In any subdivision larger than five acres in size, one additional 64-square-foot sign may be placed for each five- acre increment.
(Ord. 2013-02, passed 3-11-13; Am. Ord. 2015-03, passed 2-9-15; Am. Ord. 2015-32, passed 10-26- 15)
(A) These permanent sign standards apply to the following districts: PB, B1 and B2. The following sign regulations shall apply. All signs require a permit unless otherwise specified.
(1) One square foot of signage shall be allowed for every one foot of the front facade of the building that is occupied by that use. (For example: If a use occupies a tenant space in a commercial building, and that space includes 50 feet of the building's frontage, then 50 square feet of signage would be allowed for the use.) In no instance shall the amount of signage permitted per use exceed 150 square feet.
(a) Any combination of the following signs may be used as long as they do not exceed the total area allowed per use or are inconsistent with the other development standards listed in this section:
1. Wall signs;
2. Awning signs;
3. Free-standing signs;
4. Ground signs;
5. Changeable copy signs;
6. Time and temperature sign; and
7. Multi-tenant joint entrance signs.
(b) Development standards per type of sign are as follows:
1. Wall sign. Wall signs shall be located on the facade of the primary structure. No sign shall exceed 75 square feet in area.
2. Awning sign. Awning signs shall be printed on awnings mounted on the facade of the primary structure.
3. Free-standing sign. Free- standing signs shall not be permitted.
4. Ground sign. Ground signs may not exceed eight feet in height or 50 square feet per sign face in area. Ground signs shall be placed a
minimum of five feet from the public right-of-way and shall not be placed in any required sight visibility triangle.
5. Changeable copy signs and time/temperature signs. Changeable copy signs and time/temperature signs shall be counted toward the
maximum allowable square footage and shall meet the development standards which are consistent with the manner in which they are mounted.
6. Multi-tenant joint entrance signs. Structures and/or centers containing multiple uses shall establish one sign at each entrance for the joint use of all tenants for which the facility is designed. The use of individual free-standing signs for each tenant is prohibited. Each sign shall be setback a minimum of ten feet from all public rights-of-way. No sign may exceed 18 feet in height or an average of 24 square feet per tenant in area.
(2) Window signs. Non-illuminated window signs not exceeding 25% of the window area are permitted. No permit is required and they shall not be counted toward the total area allowed per use. Illuminated window signs, and any exceeding 25% of the window area shall be counted toward the total sign area and shall require a sign permit.
(3) Directional signs. Directional signs must be no more than four feet in height and no more than six square feet in area. Directional signs shall be setback a minimum of two feet from all public right-of-ways. No permit is required and they shall not be counted toward the total area allowed per use.
(B) These permanent sign standards apply to the following districts: LI and HI. The following sign regulations shall apply. All signs require a permit unless otherwise specified.
(1) One and one-quarter square feet of signage shall be allowed for every one foot of the front facade of the building that is occupied by that use. (For example: If a use occupies a tenant space in a commercial building, and that space includes 100 feet of the building's frontage, then 125 square feet of signage would be allowed for the use.) In no instance shall the total amount of signage permitted per use exceed 150 square feet.
(a) Any combination of the following signs may be used as long as they do not exceed the total area allowed per use or are inconsistent with the other development standards listed in this section:
1. Wall signs;
2. Awning signs;
3. Ground signs;
4. Free-standing signs;
5. Changeable copy signs;
6. Time and temperature sign; and
7. Multi-tenant joint entrance signs.
(b) Development standards per type of sign are as follows:
1. Wall sign. Wall signs shall be located on the facade of the primary structure. No wall sign shall exceed 75 square feet in area.
2. Awning sign. Awning signs shall be printed on awnings mounted on the facade of the primary structure.
3. Ground sign. Ground signs may not exceed eight feet in height or 32 square feet per sign face in area. Ground signs shall be placed a minimum of ten feet from the public right-of-way and shall not be placed in any required sight visibility triangle.
4. Free-standing sign. Free- standing signs shall be placed a minimum of ten feet from the public right-of way. No free-standing sign may exceed 15 feet in height or 40 square feet per sign face in area.
5. Changeable copy signs and time/temperature signs. Changeable copy signs and time/ temperature signs shall be counted toward the maximum allowable square footage and shall meet the development standards which are consistent with the manner in which they are mounted.
6. Multi-tenant joint entrance signs. Structures and/or centers containing multiple uses shall establish one sign at each entrance for the joint use of all tenants for which the facility is designed. The use of individual free-standing signs for each tenant is prohibited. Each sign shall be setback a minimum of ten feet from all public rights-of-way. No sign may exceed 18 feet in height or an average of 40 square feet per tenant in area.
(2) Window signs. Non-illuminated window signs not exceeding 25% of the window area are permitted. No permit is required and they shall not be counted toward the total area allowed per use. Illuminated window signs, and any exceeding 25% of the window area shall be counted toward the total sign area and shall require a sign permit.
(3) Directional signs. Directional signs must be no more than four feet in height and no more than six square feet in area. Directional signs shall be setback a minimum of two feet from all public rights-of-way. No permit is required and they shall not be counted toward the total area allowed per use.
(C) These permanent sign standards apply to the following district: TC. The following sign regulations shall apply. All signs require a permit unless otherwise specified.
(1) One and one-quarter square feet of signage shall be allowed for every one foot of the front facade of the building that is occupied by that use. (For example: If a use occupies a tenant space in a commercial building and that space includes 100 feet of the building's frontage then 125 square feet of signage would be allowed for the use.) In no instance shall the total amount of signage permitted per use exceed 150 square feet.
(a) Any combination of the following signs may be used as long as they do not exceed the total area allowed per use or are inconsistent with the other development standards listed in this section:
1. Wall signs;
2. Awning signs;
3. Projecting signs;
4. Changeable copy signs;
5. Time and temperature sign; and
6. Mural.
(b) Development standards per type of sign are as follows:
1. Wall sign. Wall signs shall be located on the facade of the primary structure. No wall sign shall exceed 75 square feet in area.
2. Awning sign. Awning signs shall be printed on awnings mounted on the facade of the primary structure. Illuminated awnings are permitted only if the awning is opaque with the exception of the sign area.
3. Projecting sign. No projecting sign shall, at its lowest point (except for the supporting building, structure, or column), be less than eight and one half feet above grade level. In no case shall it extend more than four feet beyond its supporting structure. No projecting sign shall exceed 12 square feet in area. No more than one projecting sign shall be permitted per use.
4. Changeable copy signs and time/temperature signs. Changeable copy signs and time/ temperature signs shall be counted toward the maximum allowable square footage and shall meet the development standards which are consistent with the manner in which they are mounted.
5. Mural. Mural signs shall not exceed 75 square feet in area.
(2) Window signs. Non-illuminated window signs not exceeding 25% of the window area are permitted. No permit is required and they shall not be counted toward the total area allowed per use. Illuminated window signs, and any exceeding 25% of the window area shall be counted toward the total sign area and shall require a sign permit. In no case shall more than 50% of the total grade-level window area be covered by signage.
(3) Directional signs. Directional signs are not permitted.
(Ord. 2013-02, passed 3-11-13; Am. Ord. 2015-31, passed 10-26-15)
SITE DESIGN STANDARDS
The intent of this subchapter is to further the goals of the Comprehensive Plan; provide for the adequate, consistent review of new development to ensure compliance with this chapter; provide for the appropriate creation of facilities and systems for the accommodation of traffic and utilities; and address the unique characteristics of certain types of development that require specific review and approval.
(Ord. 2013-02, passed 3-11-13)
(A) Site development plans shall be required for all developments for which a improvement location permit is required by this chapter or the Building Code which are located in the following zoning districts: PB, B1, B2, TC, LI and HI.
2016 S-27
(B) The following types of development shall be exempt from the requirements of this subchapter, but shall be required to obtain a improvement location permit, pursuant to the Building Code, and any other permit or approval required by this chapter:
(1) The replacement or installation of any sign, or signs not occurring as part of an improvement to any other aspect of the property;
(2) The expansion of an existing parking lot which does not result in a greater than 20% increase in the surface area of the parking previously available on the property; or
(3) The expansion of an existing structure or the construction of an accessory structure which does not result in a greater than 10% increase in the floor area of the structures that were previously existing on the property or require the provision of additional landscaping, parking, or other improvement regulated by this chapter.
(Ord. 2013-02, passed 3-11-13)
(B) Neither the Technical Review Committee nor the Plan Commission shall have the authority to waive any requirement of this chapter in the review of a site development plan.
(C) The procedure for the review of proposed amendments or revisions to previously approved site development plans shall follow the process for the initial approval of site development plans outlined below.
(Ord. 2013-02, passed 3-11-13)
Site development plans shall be subject to the following review and approval process:
(A) General requirements. All applications may be obtained through the Planning Director's office. Fees shall be paid at the Planning Director's office at the time the petition and permit applications are submitted.
(1) All applications shall be made on forms provided by the Planning Director. All petitioners and permit applicants shall submit original applications which are completed in their entirety either in ink or typed. All applications shall be signed and notarized (if required).
(2) All petitioners and applicants shall submit copies of applications and necessary attachments as required by the adopted policies of the Planning Director and the applicable rules and procedures of the Plan Commission.
(3) All petitions and permit applications shall be assigned reference and/or docket numbers by the Planning Director. Petition applications shall be scheduled by the Planning Director for the appropriate public hearings based on the completeness of the application consistent with the requirements of this subchapter and the appropriate adopted calendar of filing and meeting dates for the Plan Commission.
(B) Application. The petitioner shall submit an application for site development plan review, an affidavit and consent of property owner (if the property owner is someone other than the petitioner), a deed for the property involved, the required filing fee, and required supportive information to the Planning Director. Supportive information shall include, but not be limited to the following:
(1) A location map showing and clearly identifying the subject property and showing all land within one mile of the subject property. The location map should identify the current zoning and use of all property within one mile of the subject property.
(2) A property survey showing all existing structures, topography, trees with a diameter measured at chest height of eight inches or greater, floodplain and floodway boundaries (including elevations), right-of-ways, easements, building setback lines, drainage areas, pipes, known tiles, structures, utility services, historic structures, and road accesses.
(3) A site plan, drawn to scale and bearing the seal of a professional engineer or land surveyor clearly showing all aspects of the property and all features relevant to the site development plan, including:
(a) All proposed setbacks, buffer yards, structure heights, and lot coverage calculations;
(b) All proposed buildings, structures, fences or walls, areas of outdoor storage, permanent dumpsters, and other improvements;
(c) All proposed locations and dimensions of road accesses, interior drives, parking lots, loading docks or areas, sight visibility triangles, and interior sidewalks (all public road access shall be subject to the approval of the Town Council);
(d) All proposed open spaces;
(e) All proposed locations and capacities of public and private utilities (all septic systems shall be subject to the approval of the county Health Department, all public sewer connections shall be subject to the approval of the appropriate public service provider);
(f) All proposed public improvements including sidewalks, street trees, and right-of-way dedications; and
(g) All proposed locations for temporary uses, such as seasonal sales areas.
(4) A landscaping plan, drawn to scale and bearing the seal of a registered landscape architect, architect, engineer, or surveyor showing all required and proposed landscaping in the site interior, in and adjacent to parking areas, in buffer yards, and street trees. The landscaping plan shall include the identification of the height of the plantings from ground level at the time of installation and the species proposed to be used to meet the requirements of this chapter.
(5) A sign plan showing the location, height, and dimension of all permanent signs and indications of appropriate locations, heights, and sizes of any anticipated temporary signs.
(6) A site drainage plan bearing the seal of a professional engineer or land surveyor including all calculations required by the Town Engineer.
(7) A site construction plan showing proposed erosion control measures, the location of any proposed construction trailer and worker parking, the location, height, and dimensions of any temporary construction-related signage, any temporary site accesses to be used during construction, any temporary utility connections, the location of any stockpiles of dirt, construction materials, and construction waste dumpsters or storage areas.
(8) A detailed statement of the characteristics and operation of the development, including the population densities, presence of any adult uses, and number of potential employees. The detailed statement shall include any written commitments being made regarding the site development plan.
(C) Technical Review Committee Review. The Technical Review Committee shall review the site development plan, including all supportive information on the date established by the adopted calendar of meeting and filing dates.
(1) Either the applicant or a representative of the applicant must be present to present the site development plan and address any questions the Committee may have.
(2) In reviewing the site development plan, the Committee shall consider whether or not the proposed site development plan is consistent with the requirements of this chapter and the applicable adopted requirements of the town.
(3) The Committee may approve, deny, table, or forward to the Plan Commission the site development plan.
(a) The Committee shall approve the site development plan if it complies with all applicable requirements of this chapter.
(b) The Committee shall table the site development plan application if it is generally consistent with the considerations outlined above, but requires minor modifications to be completely in compliance with the requirements of this chapter. Site development plan applications which are tabled shall be automatically docketed for the next review meeting. The applicant shall revise the site development plan proposal consistent with the Committee comments and supply revisions for review at the next meeting consistent with the adopted calendar of filing and meeting dates.
(c) The Committee shall deny the site development plan if it is found to be inconsistent with the considerations outlined in division (C)(2) above.
(d) The Committee shall forward site development plans which are generally consistent with the considerations outlined above to the Plan Commission for public hearing if the proposal includes any improvement to be dedicated to the public, includes proposed written commitments, or requires the imposition of conditions to be completely consistent with the considerations for approval. The site development plan shall be placed on the agenda for the next meeting of the Plan Commission consistent with the adopted calendar of meeting and filing dates. The applicant shall revise the site development plan proposal consistent with any Planning Director comments prior to review by the Plan Commission and shall provide such revision for review consistent with the adopted calendar of filing and meeting dates.
(D) Public meeting notification (if necessary). Notification for the scheduled public hearing regarding the site development plan shall be completed consistent with the requirements of Indiana State Code, the rules and procedures of the Plan Commission, and the provisions of §§ 155.160 through 155.167.
(E) Plan Commission review (if necessary). The Plan Commission shall, at a meeting scheduled consistent with the adopted calendar of meeting and filing dates review the site development plan and any supportive information.
(1) Either the applicant or a representative of the applicant must be present at the public hearing to present the site development plan and address any questions the Commission may have.
(2) The Commission shall consider a report from the Planning Director describing the finding of the Technical Review Committee and testimony from the applicant and any interested parties in making its decision.
(3) The Plan Commission shall approve, approve with modifications, deny, or table the site development plan application.
(a) The Plan Commission shall approve the site development plan if it is consistent with all applicable requirements of this chapter.
(b) The Plan Commission shall approve the site development plan with modifications if it is generally consistent with all applicable requirements of this chapter. The Plan Commission may impose
conditions on the approval of a site development plan, which shall become written commitments of the applicant, if the conditions are necessary to satisfy the requirements of this chapter.
(c) The Plan Commission shall deny the site development plan if it is not consistent with the applicable requirements of this chapter. Site development plan applications which have been denied shall not be re-filed for a period of one year from the date of the denial.
(d) The petition shall be tabled based on a request by the Planning Director, the petitioner, or a determination by the Commission that additional information is required prior to action being taken on the request. The tabling of all petitions shall be consistent with the adopted rules and procedures of the Commission.
(4) Assurance of completion of improvements. The Plan Commission may approve a site development plan with the condition that a bond or written assurance be provided that guarantees the timely completion of any proposed public improvements included in the development. The bond or written assurance shall be in a form acceptable to the Plan Commission, the Planning Director, and the Town Attorney, and consistent with §§ 155.194.
(F) Findings of fact. The Planning Director shall prepare and sign written findings of fact documenting the action taken by the Planning Director and the Plan Commission (if Plan Commission review is necessary). The Planning Director shall make copies of the written findings of fact available to the applicant within five days of the date of the decision.
(G) Permits. Prior to any construction activity, the improvements approved through all site development plans shall be required to obtain the appropriate improvement location permit, issued pursuant to the Building Code, and any other required permits specified by this chapter.
(Ord. 2013-02, passed 3-11-13)
The applicant in any site development plan application may make written commitments regarding the characteristics of the proposed future use, or the resolution of outstanding issues in existence on the subject property consistent with IC 36-7-4-613.
(A) Written commitments may be proposed by the petitioner as an element of the initial submittal of application materials, as a response to comments made by the Technical Review Committee, or in response to any modifications requested by the Plan Commission.
(B) All commitments shall be considered by the Technical Review Committee and the Plan Commission in the review of the petition.
(C) Following final action being taken on the site development plan application, the written commitments shall be recorded in the office of the County Recorder.
(D) The written commitments shall be considered part of this zoning code binding on the subject property.
(1) The written commitments shall be binding on the owner of the subject property, any subsequent owners of the subject property, and any person or entity that acquires an interest in the subject property or portion thereof.
(2) The written commitments shall be enforceable by the Plan Commission consistent with the adopted provisions for the enforcement of any aspect of this chapter.
(3) The written commitments may be modified only through the site development plan process described by this section. Any written commitment shall be terminated if the official zoning map applicable to the subject property is amended or if a zoning text amendment contradictory to the written commitment is adopted.
(Ord. 2013-02, passed 3-11-13)
Editor’s note:
IC 36-7-4-613 was repealed by P.L.126-2011, Sec. 68.
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