(A) Government signs.
(1) Although these regulations do not apply to signs erected, maintained or posted by the State of Indiana, United States Government, or this town, these regulations clarify that government signs are allowed in every zoning district which form the expression of this government when erected and maintained and include the signs described and regulated in the following divisions when erected and maintained pursuant to law.
(a) Traffic control devices on private or public property must be erected and maintained to comply with the Indiana Manual on Uniform Traffic Control Devices.
(b) Each property owner must mark their property using numerals that identify the address of the property so that public safety departments can easily identify the address from the public street. Where required under this code or other law the identification must be on the curb and may be on the principal building on the property. The size and location of the identifying numerals and letters if any must be proportional to the size of the building and the distance from the street to the building and in no case larger than one square foot in area. In cases where the building is not located within view of the public street, the identifier must be located on the mailbox or other suitable device such that it is visible from the street.
(c) Where a federal, state or local law requires a property owner to post a sign on the owner's property to warn of a danger or to prohibit access to the property either generally or specifically, the owner must comply with the federal, state or local law to exercise that authority by posting a sign on the property. If the federal, state, or local regulation describes the form and dimensions of the sign, the property owner must comply with those requirements; otherwise, when not defined, the sign shall be no larger than two square feet and located in a place on the property to provide access to the notice that is required to be made.
(d) Official notices or advertisements posted or displayed by or under the direction of any public or court officer in the performance of official or directed duties; provided however, that all such signs must be removed by the property owner no more than ten days after their purpose has been accomplished or as otherwise required by law.
(e) Directional or instructional signs accessory to parking and driveway areas when erected pursuant to § 72.21.
(f) Signs which direct or guide persons to facilities intended to serve the public, including signs identifying rest rooms, public telephones, walkways and similar facilities. Advertising material is not permitted on such signs. This category does not include signs accessory to parking or driveway areas; and
(g) Off-premises "wayfinding signs" that are part of a continuous system of signs coordinated with and approved by the town for the purpose of directing vehicular and pedestrian traffic to key civic, cultural, visitor and recreational attractions and destinations.
(h) The Town of Newburgh has historically allowed non-profit organizations, as defined by Section 501 (c) of the Internal Revenue Code, to place temporary signs in the public right-of- way at the southeast corner of State Street and Jennings Street for purposes of advertising events located in Warrick County, Indiana that promote the Town of Newburgh or fundraise for an organization that promotes the Town of Newburgh. The Town of Newburgh believes that those signs form the expression of the Town of Newburgh and are not subject to the regulations of this code regarding off-premises signs, temporary signs, or signs in the public right-of-way. The Town of Newburgh may continue to erect and maintain a temporary sign in the public right-of-way at the southeast corner of Jennings Street and State Street, for the purpose of advertising an event located within Warrick County, Indiana that promotes the Town of Newburgh or fundraises for an organization that promotes the Town of Newburgh.
(2) The signs described in the proceeding divisions are an important component of measures necessary to protect the public safety and serve the compelling governmental interest of protecting traffic safety, serving the requirements of emergency response and protecting property rights or the rights of persons on property.
(B) Flags.
(1) Residential and historic sign districts. In a residential sign district or historic sign district, two flags and one flag pole per premises. Each flag may not exceed 30 square feet in area. The flag pole may be a maximum of 25 feet in height or no higher than the highest point of the principal building's roof, whichever is lower. Flag poles must meet the minimum yard setback requirements for a principal building.
(2) Nonresidential zoning districts. In a nonresidential zoning district one flag per 25 feet of frontage on a right-of-way up to a maximum of six flags and six flag poles per premises. Each flag may not exceed 96 square feet in area. Flag poles may be a maximum of 50 feet in height or no higher than the highest point of the nearest principal building's roof on the premises, whichever is lower. Flag poles must meet the minimum yard setback requirements for a principal building or a minimum of ten feet whichever is more restrictive.
(3) Small flags at vehicle sales and service establishments. One small flag of no more than one square foot in area may be attached to vehicles on display for sale or rent at vehicle sales and service establishments. Such flag must be no higher than two feet above the height of the vehicle as if it were displayed at grade level.
(C) Sandwich board or A-frame signs and signs on easels. Sandwich board, A-frame sign or sign on an easel that is erected or displayed pursuant to requirements set forth in meet the requirements of as provided for in § 157.207.
(D) Temporary signs. Temporary sign that is erected or displayed pursuant to requirements set forth in § 157.208.
(E) Notices placed on bulletin boards maintained by town government.
(F) Signs not in an enclosed building and not exposed to view from a street or public right-of- way, public place or other property such as those not visible to a person from a public right-of-way, public place or other property.
(G) Seasonal decorations. In all sign districts, seasonal decorations may be displayed, provided that such decorations are maintained so as to not constitute a fire hazard or safety hazard.
(H) For purposes of this § 157.198 the lessor of a property is considered the property owner as to the property the lessor holds a right to use exclusive of others (or the sole right to occupy). If there are multiple lessors of a property then each lessor must have the same rights and duties as the property owner as to the property the lessor leases and has the sole right to occupy and the size of the property must be deemed to be the propelty that the lessor has the sole right to occupy under the lease.
(Ord. 2021-03, passed 10-13-2021)