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(A) No off-premises advertising sign structure shall be constructed which resembles any official marker erected by a governmental entity or which by reason of position, shape, or color would conflict with the proper functioning of any official traffic control device.
(B) Off-premises advertising sign structures shall be constructed in accordance with local and state building and electrical codes. Stamped structural engineering plans shall accompany advertising sign structure permit applications and shall be subject to wind speed requirements as set forth in the latest edition of the Uniform Building Code.
(C) Off-premises advertising sign structures shall be regularly maintained in a good and safe structural condition as set forth in the latest edition of the Uniform Building Code. The advertising sign structure must remain substantially (90%) the same as it was on the effective date of the provisions of this chapter, as amended.
(D) No off-premises advertising sign structure shall be located on a property without the consent of the property’s owner or legal representative.
(E) The general area in the vicinity of any off- premises advertising sign structure on undeveloped property shall be kept free and clear of sign materials, debris, trash and refuse.
(1985 Code, § 36-7-4-600(4.3.2))
(A) Except for Interstate 69, advertising sign structures along all limited and non-limited access roads within Marion city limits shall have a maximum sign area for any one face of an off-premises sign not to exceed 378 square feet, excluding the ornamental base or apron, trim supports, embellishments and other structural elements, if the exclusions do not exceed 20% of the maximum sign area allowed.
(B) For all portions of Interstate 69 within Marion city limits, the maximum sign area for any one face of an off-premises sign shall not exceed 672 square feet, excluding the ornamental base or apron, trim supports, embellishments and other structural elements, if the exclusions do not exceed 20% of the maximum sign area allowed.
(C) The sign area shall be measured by the smallest square, circle, rectangle, or combination thereof, which will encompass the entire sign face.
(D) Double deck advertising sign structures are prohibited.
(E) Signs may be back-to-back, single-faced, and “V”type and with not more than one face to each facing and such structure shall be considered as one off-premises sign.
(F) An off-premises advertising sign structure shall maintain a minimum clearance of 15 feet from the ground level to the bottom of the sign face.
(G) An off-premises advertising sign structure on all non-interstate roads within Marion city limits shall have a maximum height not to exceed 30 feet above the existing grade level of the roadway, to the top of the sign face, as measured from the centerline of the roadway to which the advertising sign structure is oriented.
(H) An off-premises advertising sign structure adjacent to Interstate 69 shall have a maximum height not to exceed 30 feet, as measured from the top of the sign face. In a case where topography creates road grade fluctuation with substantial elevation changes, practically difficulty is to be legally established by the Marion Board of Zoning Appeals. The BZA granting shall not exceed 40 feet above existing road grade level as measured from the top of the sign face and to the roadway centerline to which the advertising sign structure is oriented.
(I) No off-premises advertising sign structure may be established within 1,000 feet of any other off- premises advertising sign structure, measured along both sides of the street or highway to which the advertising sign structure is oriented.
(J) Pertaining to Interstate 69 and limited access highways, no out door advertising sign structure may be located adjacent to or within 500 feet of an interchange, at-grade intersections, or public rest area, said 500 feet shall be measured from the right-of-way line.
(K) Spacing from directional and official signs, on-premises signs or any other sign which does not constitute an off-premises advertising sign structure shall not be counted nor shall measurements be made from such signs for the purpose of determining compliance with these spacing requirements.
(L) The minimum distance between off-premises advertising sign structures shall be measured along the nearest edge of the pavement between points directly opposite the center of the sign posts along each side of the highway and shall apply to structures located on both sides of the same street or highway.
(M) A minimum setback of ten feet is required from the front lot line for any off-premises advertising sign structure in all permitted zones.
(N) A minimum setback of five feet is required from the side lot line for any off-premises advertising sign structure in all permitted zones.
(O) A minimum setback of five feet is required from the rear lot line for any off-premises advertising sign structure in all permitted zones.
(P) No outdoor advertising sign structure shall be permitted if it is located within 300 feet along both sides of the street or highway to which the advertising sign structure is oriented that has been platted for residential use or is zoned RS, R1, R2, R3, R4, R5, MH and PR.
(Q) In no case shall any portion of an off- premises advertising sign structure overhang into or be placed in the public right-of-way, unless allowed by the public entity.
(1985 Code, § 36-7-4-600(4.3.3))
(A) After the enactment of this chapter, the Director of Planning and Zoning or his or her designee shall, as soon as practicable, survey the City of Marion and its jurisdictional area for advertising structures which do not conform to the requirements of this chapter. Upon determination that an advertising sign structure is nonconforming, the Director or his designee shall use reasonable efforts to notify either personally or in writing the lessor, lessee or owner of the property on which the advertising sign structure is located of the following:
(1) The advertising sign structure’s nonconformity;
(2) Whether the advertising sign structure is eligible for characterization either as legal, nonconforming or unlawful.
(B) The owner of the property, or his representative, shall request a certificate of legally established nonconforming advertising sign, as to the date of the erection or installation, fair market value and replacement costs, as it was on the effective date of the provisions of this chapter as amended, and pertinent maintenance records for the advertising structure.
(C) A false statement knowingly given by the lessor or lessee or failure to apply and/or furnish such information within ten days constitutes a waiver of any rights granted to any property owner, lessor or lessee as to the maintenance of any nonconforming advertising sign structure or device by this chapter and such advertising sign structure or device shall be removed or altered to conform within 30 days after demand that such be done in writing by the Director regardless of the ownership or the date of installation of such advertising sign structure or device.
(D) Continued failure to comply shall cause the Director to petition for permit revocation, and after proper notice and public hearing, a finding that the advertising sign structure or device shall be removed or altered to conform within 30 days by the Board of Zoning Appeals.
(E) If the lessor or lessee of the advertising sign structure or owner of the property on which the advertising sign structure is located cannot be contacted, the notice may be affixed in a conspicuous place to the advertising sign structure or to the business premises with which the advertising sign structure is associated.
(F) Advertising sign structures eligible for characterization as legal nonconforming. Any advertising sign structure located within the city jurisdiction on the date of adoption of this chapter which does not conform to the provisions of this chapter is eligible for characterization as a legal nonconforming advertising sign structure and is permitted, provided it also meets the following requirements:
(1) The advertising sign structure was covered by an advertising sign structure permit or variance on the date of adoption of this section if one was required under applicable law, or, if no advertising sign structure permit was required under applicable law for the advertising sign structure in question, the advertising sign structure was in all respects in conformity with the applicable law immediately prior to the adoption of this section or had legal nonconforming status at such time;
(2) The advertising sign is an off-premises outdoor advertising sign as herein defined, including the supporting sign structure;
(3) The individual advertising structure has been at its particular location for the duration of its normal life subject to customary maintenance;
(4) Preexisting advertising structure covered by a grandfather clause, which do not comply with the provisions of this chapter as amended have the status of legally nonconforming signs;
(5) Any nonconforming sign which does not fit the definition of a legal nonconforming sign is an unlawful sign. Subject to subsections below, a legal nonconforming sign shall retain such status in perpetuity subject to normal maintenance and reduction.
(G) If land is annexed to the City of Marion subsequent to the effective date of this chapter, any signs which do not conform to this chapter at such time shall have legal nonconforming status if:
(1) Under applicable federal, state, and county regulations, the sign was legal in all respects immediately prior to annexation;
(2) The sign is a permanent sign; and
(3) The annexation was not conditioned upon the removal or modification of the sign.
(H) A legally nonconforming advertising structure shall immediately lose its legally nonconforming designation if:
(1) The advertising structure is relocated;
(2) More than 60% of the complete advertising structure is destroyed or replaced;
(3) The permit, variance, or condition under which the advertising structure was allowed expires;
(4) The advertising structure is not kept in good repair and/or in safe condition and ceases to display advertising matter and if said condition continues for six months;
(5) The advertising structure is altered to the following extent:
(a) The sign face is increased;
(b) The size of the advertising structure is increased;
(c) The use changes.
(I) In order to maintain and continue a legally nonconforming advertising structure, the following conditions apply.
(1) The advertising sign structure must have been actually in existence at the time this chapter became effective as distinguished from a contemplated use such as a lease or agreement with the property owner must continue to be lawfully maintained.
(2) A legally nonconforming advertising structure or portion of a structure becomes physically unsafe or unlawful by reason of physical condition defined by city ordinance; it shall not thereafter be restored, repaired, or rebuilt except in conformity with the regulations of the district in which it is located.
(3) The advertising structure must remain substantially the same as it was on the effective date with the provisions of this chapter as amended. Reasonable repair and maintenance of the advertising sign structure, as provided for in this section, including a change of advertising message, is not a change, which would terminate nonconforming rights.
(4) The legally nonconforming advertising structure and/or sign may be sold, leased, or otherwise transferred without affecting its status, but its location may not be changed.
(5) A legally nonconforming advertising sign structure removed as a result of a right-of-way taking or for any other lawful government purpose may be relocated within a properly zoned district but cannot be reestablished at a new location as a nonconforming use.
(6) On any legally nonconforming advertising structure or portion of a structure containing a nonconforming sign, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement to an extent not to exceed 10% of the current replacement cost of the legally nonconforming advertising structure, or legally nonconforming portion of the structure, whichever the case may be, provided that the sign area existing when it became legally nonconforming shall not be increased. There are exceptions to actual existence as follows.
(a) Where a permit or variance was granted for the construction of an advertising structure prior to the effective date of passage and the advertising sign structure owner acted in good faith and expended sums in reliance thereon. This exception shall not apply in instances where large numbers of permits were applied for and issued to a single sign owner, obviously in anticipation of the passage of the sign ordinance amendment governing advertising structure.
(b) The legally nonconforming advertising structure may continue as long as it is not destroyed, abandoned, or discontinued. If permitted by the sign ordinance and re-erected in kind, exception may be made for nonconforming advertising structures destroyed due to vandalism and other criminal or tortious acts.
(c) Any legally non-conforming advertising structure, which for a designated period of time of six months displays obsolete advertising matter or is without advertising matter or is in need of substantial repair, may constitute abandonment or discontinuance. Similarly, a nonconforming advertising structure damaged in excess of 60% of its replacement cost shall be considered destroyed.
(d) Where an existing legally nonconforming advertising structure ceases to display advertising matter, a reasonable period of time to replace advertising content is established by the sign ordinance. Where new content is not put on a structure within 30 days after the passage of the designated period of time of six months, the use of the structure as a nonconforming outdoor advertising sign structure is terminated and shall constitute an abandonment or discontinuance. This established period may be waived for an involuntary discontinuance such as the closing of a local road or state highway for repair in front of the advertising sign structure.
(e) All signs and advertising structures shall conform to the requirements of both this chapter and “The Highway Advertising Control Act of 1967,” as amended; and should the two be in conflict with each other, the requirements of the more restricting shall apply. “The Highway Advertising Control Act of 1967” affects all Federal Aid Primary Highways as established by the State Highway Commission.
(J) Any advertising structure which is in violation of this chapter and which is in existence and installed upon the date of enactment of the ordinance codified in this chapter shall be removed or altered so as to comply with this chapter at the property owner’s expense and as otherwise provided by law.
(K) Illegal advertising structure, statement of installation date:
(1) Any lessor or lessee of property to which a nonconforming sign or structure is attached shall furnish to the Director of Planning, upon request in writing, the date of the erection or installation of such sign or advertising sign structure;
(2) A false statement knowingly given by the lessor or lessee or failure to apply and/or furnish such information within ten days constitutes a waiver of any rights granted to any property owner, lessor or lessee as to the maintenance of any nonconforming sign or advertising sign structure by this chapter and such sign or advertising sign structure shall be removed or altered to conform within 30 days after demand that such be done in writing by the Director regardless of the ownership or the date of installation of such sign or advertising sign structure;
(3) Continued failure to comply shall cause the Director to petition for permit revocation, and after proper notice and public hearing, a finding that the sign or advertising sign structure shall be removed or altered to conform within 30 days by the Board of Zoning Appeals.
(L) Any advertising sign structure not meeting such requirements is an unlawful sign.
(M) After notice and public hearing, any sign permit granted in accordance with the provisions of this section may be revoked upon a finding by the Board of Zoning Appeals that the sign or sign program for which the permit was granted advertises the availability or sale of goods, property, or services no longer available, or is constructed, installed, or maintained in a manner that is not in accordance with the approved application.
(N) Abandonment shall be the voluntary act of the lessee and/or lessor to discontinue the use of a sign and/or structure for a period of 90 days or more. An abandoned nonconforming structure may be occupied, and the nonconforming rights reestablished upon approval of the Board of Zoning Appeals in accordance with this chapter and the provisions of the Comprehensive Plan.
(1985 Code, § 36-7-4-600(4.3.3))
(A) All advertising sign structures shall be designed, constructed, and maintained in accordance with the following standards.
(B) All advertising sign structures shall comply with applicable provisions of the current Uniform Building Code.
(C) All advertising sign structures shall be constructed of permanent materials and shall be permanently attached to the ground, a building, or another structure by direct attachment to a rigid wall, frame, or structure.
(D) All pole and structural members shall be of steel. All advertising signs shall be mounted on single- pole structures. All members shall be painted.
(E) When a structure is constructed so as to have a copy material facing in a single direction, the exposed rear of the display and the structural members shall be finished and maintained to a degree equal to that of the copy side of the sign.
(1985 Code, § 36-7-4-600(4.3.4))
Off-premises signs may be illuminated subject to the following restrictions.
(A) Signs which contain, include, or are illuminated by any flashing, intermittent, or moving light or lights are prohibited. Reflective surfaces or devices on sign faces, and multiple-faced signs, with illumination, are permitted, provided such signs do not interfere with traffic safety and comply with divisions (C) and (D) of this section.
(B) On non-federal primary roads, electronic variable message signs giving public information such as, but not limited to, time, date, temperature, weather, or other similar information, and commercial electric variable-message signs which function in the same manner as multiple-faced signs are permitted, provided such signs do not interfere with traffic safety and do not resemble or simulate traffic control or safety devices or signs are permitted with City of Marion Advisory Plan Commission or designee approval.
(C) Signs must be effectively shielded to prevent beams or rays from being directed toward any portion of the traveled ways and must not be of such intensity or brilliance to cause glare or impair the vision of the driver of any motor vehicle or otherwise interfere with any driver’s operation of a motor vehicle.
(D) No sign shall be so illuminated that it interferes with the effectiveness of or obscures an official traffic sign, device or signal.
(1985 Code, § 36-7-4-600(4.3.5))
(A) No off-premises sign and/or structure shall be erected without securing improvement location and sign permits from the City of Marion Advisory Planning Department and the City of Marion Building Department, as well as payment of the permit fees. Before such permit is issued, an inspection shall determine that the off-premises sign complies with the provisions of this chapter.
(B) Applications for subject real estate within the jurisdictional limits of the Indiana Department of Transportation shall provide to the Planning Director, an approved INDOT outdoor advertising structure permit.
(1985 Code, § 36-7-4-600(4.3.6))
Any person who violates any provisions of the sign code shall be deemed to have committed an ordinance violation and, upon conviction, the civil monetary fine for each civil violation shall be as determined by § 10.99, including enforcement costs together with injunctive relief providing for contempt. Each day of such unlawful activity after the violator has been issued a notice of violation (with a minimum a maximum of ten days to comply) shall constitute a separate offense. These civil violation fine to not preclude the civil violator from responsibility of payment of costs incurred by the City of Marion if it is a necessity for the city to enter onto a property to correct, terminate or cease a violation in accordance with procedures outlined in the city code.
(1985 Code, § 36-7-4-600(4.3.7))
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