§ 155.102 GENERAL SIGNS STANDARDS.
   These general sign standards apply to the following districts: AG, R1, R2, R3, R4, MH, PB, B1, B2, TC, LI and HI. Except as otherwise provided in this subchapter, it shall be unlawful for any person to erect, construct, enlarge, move or convert any sign within the jurisdiction of the Plan Commission, or cause the same to be done without first obtaining a sign permit from the Planning Director. The following general sign standards apply to all signs within the jurisdiction of the Plan Commission.
   (A)   Inspection. Signs for which a permit is required may be inspected periodically by the Planning Director for compliance with this subchapter.
   (B)   Removal of sign. The Planning Director may order the removal of any sign erected or maintained in violation of this subchapter consistent with the provisions of §§ 155.170 through 155.181.
   (C)   Maintenance. All signs and their components shall be kept in good repair and in safe, neat, clean and attractive condition. If failure to maintain a sign is determined by the Planning Director, a written notice will be given to the owner, business operator or lessee of the property consistent with the provisions of §§ 155.170 through 155.181.
   (D)   Abandoned signs. A sign shall be removed by the owner or lessee of the premises upon which the sign is located within 30 days from the date when the business which it advertises is no longer conducted on the premises. For the purpose of this requirement, the sign shall include all supports, poles, and other structural elements. In no instance shall the removal of only the sign face be considered compliance with this provision.
   (E)   Illuminated signs. All illuminated signs must meet the standards specified in the State Electrical Code, as adopted and amended by the State of Indiana. In addition, all illuminated signs shall comply with the following standards.
      (1)   All illuminating elements shall be kept in satisfactory working condition and immediately repaired or replaced if damaged or burned out. Signs that are only partially illuminated shall meet all electrical requirements for that portion directly illuminated.
      (2)   All electrical wiring for permanent signs shall be in conduit. All electricity for signs shall have a disconnecting switch located in a readily accessible place.
      (3)   The direct or reflected light from a primary light source shall not create a traffic hazard to operators of motor vehicles on public and/or private roadways.
      (4)   The light from any illuminated sign shall be so shaded, shielded, or directed such that the light intensity or brightness will not be objectionable to the surrounding properties. All lighting shall have 90 degree cut-off luminaries (shielded downlighting). No light shall shine directly onto adjacent property.
   (F)   Exempt signs. The following signs are exempt from all provisions of this chapter.
      (1)   Flags of any country, state, unit of local government, institution of higher learning, or similar institutional flags.
      (2)   Names of buildings, date of erection, monumental citations, commemorative tablets and the like when carved into stone, concrete or similar material or made of bronze, aluminum, or other permanent type construction and made an integral part of the structure.
      (3)   Public signs erected by or on the order of public officer(s) in the performance of public duty, such as signs to promote safety, no trespassing, or traffic signs, memorial plaques, signs of historical interest, and signs directing people to public and quasi-public facilities.
      (4)   Utility signs are permitted to mark cables and lines for public and private utilities unless determined to be a hazard by the Planning Director.
      (5)   Seasonal or holiday signs, including lighting erected in connection with the observance of holidays, provided that such signs shall be removed no later than 30 days following the holiday.
      (6)   Political signs and other signs of expression, provided that they are not posted more than two months before the next election day and are removed ten calendar days after each election.
   (G)   Prohibited signs. The following types of signs are expressly prohibited in all zoning districts.
      (1)   Signs that move or utilize any animation, motion picture, laser, or visual projection of images or copy in conjunction with any business or advertisement.
      (2)   Signs that emit audible sound, odor or visible matter.
      (3)   Signs that purport to be or are in imitation of, or resemble an official traffic sign or signal or which bear the words "Stop," "Slow," "Caution," "Danger," 'Warning," or similar words.
      (4)   Signs that may be construed as a light of an emergency or road equipment vehicle.
      (5)   Signs that hide any traffic or roadway sign, signal or device from view.
      (6)   Signs that interfere with the sight visibility area as defined in § 155.083.
      (7)   Signs that are located in any right-of-way, non-sign easement, or septic field.
      (8)   Signs that obstruct any door, fire escape, stairway, or any opening intended to provide entrance or exit for any structure.
      (9)   Signs placed on vehicles parked on public or private property primarily for the purpose of displaying the sign. Prohibited signs do not include those displayed on vehicles parked for the purpose of lawfully making deliveries or random sales or service. Prohibited signs do not include vehicles which are customarily used for transporting persons or properties, and vehicles parked at a driver's place of residence during non-business hours or for incidental purposes.
      (10)   Signs consisting of banners, streamers, pennants, and/or inflatable devices used alone or in combination with other such signs.
   (H)   Off-premise signs. Off-premise signs shall be classified as either Class I, Class II or Class III depending on the maximum square feet of sign area per side of sign. A Class I off-premise sign shall have a maximum of 300 square feet of area, a Class II off-premise sign shall have a maximum of 16 square feet of sign area and a Class III off-premise sign shall a maximum of four square feet. All classes of off- premise signs shall be prohibited in all zoning districts with the exceptions described below:
      (1)   General conditions for all classes of off-premise signs:
         (a)   Under no circumstances shall real estate signs placed on property for sale or lease, political signs, or agricultural seed signs identifying test plots be considered off-premise signs.
         (b)   A sign permit shall be obtained from the Planning Director for all off-premise signs.
         (c)   Multiple faces mounted on the same structures shall be considered one sign. Double stacked signs shall be prohibited.
         (d)   Off-premise signs shall be mounted on structures permanently anchored in the ground.
         (e)   Mobile off-premise signs, inflatable off-premise signs, and off-premise signs placed on vehicles or trailer shall be prohibited.
         (f)   Double sided signs are permitted, with each allowed the maximum square footage, provided that such signs are completely back-to-back or at an offset no greater than an angle of 45 degrees.
         (g)   No off-premises signs shall be permitted to be erected or maintained in any manner inconsistent with the following:
            1.   No sign shall be permitted which contains, includes, or is illuminated by a flashing, intermittent or moving light or lights.
            2.   No sign shall be permitted which moves or has any animated or moving parts.
            3.    Advertising signs with rotating, louvered (vertical and/or horizontally), moving parts or elements shall not be permitted.
            4.   No sign shall be permitted which displays or projects video or emits graphics, such as LED (light emitting diode), LCD (liquid crystal display) or similar digital or electrically-powered technology.
      (2)   Class I off-premise signs shall be permitted in any commercial or industrial zoning district within 200 feet of any United States interstate highway or state highway. Permitted off premise signs shall meet the following requirements:
         (a)   Class I off-premise signs shall be setback a minimum of 50 feet from any public right-of-way and 300 feet from any other property line. Setbacks shall be measured from the property line or right-of-way to the nearest part of the sign, including the pole, sign face, or any attached ladder, catwalk or other access structures.
         (b)   No Class I off-premise sign shall be located any closer than 3,000 feet to any other off-premise sign.
         (c)   No off-premise sign shall exceed 40 feet in height. No sign face area shall exceed 60 feet in length or 25 feet in height.
         (d)   There shall be a maximum of three new Class I signs permitted in the town per calendar year. (The removal of an existing Class I off-premise sign does NOT permit an additional Class I off-premise sign in any year).
      (3)   Class II off-premise signs shall be permitted in any commercial or industrial zoning district within 200 feet of any United States interstate highway or state highway. Class II permitted off- premise signs shall meet the following requirements:
         (a)   Class II off-premise signs shall be setback a minimum of 50 feet from any public right-of-way and 100 feet from any other property line. Setbacks shall be measured from the property line or right-of-way to the nearest part of the sign, including the pole, sign face, or any attached ladder, catwalk or other access structures.
         (b)   No Class II off-premise sign shall be located any closer than 3,000 feet to any other off-premise sign.
      (4)   No Class II off-premise sign shall exceed eight feet in height. No sign face area shall exceed four feet in length or four feet in height.
      (5)   Class III off-premise signs shall be permitted in any non-residential zoned district within 200 feet of any United States interstate highway, state highway or county road with the approval from the Board of Zoning Appeals as a special use. Permitted off-premise signs shall meet the following requirements:
         (a)   Class III off-premise signs shall be setback a minimum of 20 feet from any public right-of-way and 100 feet from any other property line. Setbacks shall be measured from the property line or right-of-way to the nearest part of the sign, including the pole, sign face, or any attached ladder, catwalk or other access structures.
         (b)   No Class III off-premise sign shall be located any closer than 500 feet to any other off-premise sign.
         (c)   No Class III off-premise sign shall exceed four square feet in area or four feet in height. No sign face area shall exceed two feet in length or two feet in height.
(Ord. 2013-02, passed 3-11-13)