1.09 SIGNAGE.
A.   PURPOSE AND INTENT.
In accordance with the provisions of I.C. 36-7-4-601, this section contains requirements which are intended to further the goals of the Comprehensive Plan. Specifically, the purposes of these sign regulations are to implement the following Town policies:
   1.   To avoid proliferation of signs;
   2.   To preserve and enhance the character and visual appearance of the Town;
   3.   To encourage signs to be compatible with the design of buildings and with the surrounding area;
   4.   To encourage simplicity and readability of signs;
   5.   To encourage employment of the principles of good design; and
   6.   To enhance local economic development and growth.
Further, it is the intent of this section to encourage signs which are all of the following:
   1.   Legible and effective for communication in the circumstances in which they are seen;
   2.   Appropriate to the activity that displays them;
   3.   Expressive of both the individual activity and the community as a whole; and
   4.   Compatible with their surroundings.
B.   DEFINITIONS.
The following definitions are to be used in conjunction with the sign ordinance, in addition to the previous definitions.
ABOVE ROOF SIGN A sign displayed above the peak or parapet of a roof.
ADVERTISING SIGN or BILLBOARD A sign that identifies or communicates a commercial or non-commercial message related to an activity conducted, a service rendered, or a commodity sold at a location other than the lot where the sign is located.
ANIMATED SIGN Any sign that uses movement or change of lighting to depict action or create a special effect or scene, where the copy or images change at intervals.
APARTMENT/MULTI-FAMILY Dwelling identification sign; signs identifying multi-family dwelling complex by name and/or address.
AWNING A cloth, plastic or other nonstructural covering that either is permanently attached to a building or can be raised or retracted to a position against the building when not in use.
AWNING SIGN A sign painted, stamped, perforated, or stitched, or otherwise applied to an awning.
BANNERS Any sign of lightweight fabric or similar material that is mounted to a pole or a building by a frame at one (1) or more edges. National flags, state or municipal flags, or the official flag of any institution or business shall not be considered banners.
BACKLIT AWNING SIGN An enclosed illuminated structure that is attached to the wall of the building with the face of the sign approximately parallel to the wall and with the message integrated into its face.
BARBER POLES Rotating or stationary cylindrical pole of the traditional red, white and blue spiral striped design, identifying the premises as a barber shop.
BALLOON An inflated object no larger than eighteen (18) inches in diameter displayed at a height which is not above the roof line of the principal building or is not higher than fifteen (15) feet. An inflatable sign is not a balloon.
BUILDING SIGN Any sign attached to any part of a building, as contrasted to a freestanding sign.
CANOPY SIGNS Signs suspended no lower than eight (8) feet above the public right-of-way or above a walkway that is used by the public, or under a canopy or awning of a building, which identifies a building, profession or industry conducted on the premises.
CHANGE OF COPY Changing of the face or letters on a sign. Change of a copy shall not constitute a change of use.
CHANGEABLE COPY SIGNS A sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged either electronically or manually. An electronically operated sign on which the message changes more than once per day shall be considered an animated sign and not a changeable copy sign for purpose of this ordinance. A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a "time and temperature" portion of a sign and not a changeable copy sign for purposes of this ordinance. Signs on which the only change is the price of the product customarily sold on the premises are not considered changeable copy signs.
COMMERCIAL MESSAGE Any sign, wording, logo, or other representation that, directly or indirectly, names, advertises or calls attention to a business, industry, product, service, or activity.
COMMUNITY ACTIVITIES SIGNS Signs associated with a religious, charitable, cultural, civic or educational organization.
CONSTRUCTION ANNOUNCEMENT SIGNS Signs placed on a property upon which construction is to take place, or is taking place, which contain information regarding the individuals and firm directly connected with the construction project, including the name of the contractor, the sub-contractors, the architects, the lender, the real estate licensee, the utilities, and the possible future tenants.
DIRECTIONAL SIGN A sign providing information for the convenience of the public, such as the location of exits, entrances, parking and public restrooms.
DIRECTORY SIGNS A sign or set of similarly designed individual signs, placed or displayed in sequence, to list all or part of the tenants within a building or business center.
DOUBLE-FACED SIGNS A sign which is constructed to have the perimeter of both faces coincide and are parallel and not more than twenty-four (24) inches apart.
FREESTANDING SIGN Any sign attached to a self-supporting sign structure standing on the ground, which is essentially unattached to any other structure. Signs mounted on architecturally integrated extensions of buildings are not considered freestanding.
FREESTANDING BUSINESS CENTER IDENTIFICATION SIGNS Freestanding signs which identify a business center, and not the individual businesses located therein.
GASOLINE PRICE SIGNS On premises signs identifying the brand and/or type and price of gasoline sold.
GOVERNMENTAL OR OTHER SIGNS REQUIRED BY LAW Signs placed in any area of the city by a governmental entity or private individual or business as required by federal, state-or local law.
HEIGHT OF FREESTANDING SIGNS The distance measured from the average surface grade at the edge of the pavement of the adjacent street from which the property has immediate access, to the top of the highest element of the sign.
IDENTIFICATION SIGNS A monument or sign identifying a multi-family dwelling complex, a single family subdivision or a mobile home park by name and/or address.
ILLUMINATED SIGNS Signs or individual letters in which an artificial source of light is used in order to make the message readable. This definition shall include internally and externally lighted signs, and reflectorized, glowing, or radiating signs.
INCIDENTAL SIGN A nameplate, temporary sign, or sign relating to the lot or use thereof and designating accessory uses, direction, identification, information, or real estate for sale, rent, or lease.
INCIDENTAL WINDOW SIGN A sign or text affixed to the window or door of an occupant which the primary intent is to display information that is intended for pedestrian traffic, and is not intended to be viewed from public rights-of-way or parking lots.
INFLATABLE SIGN An inflated object tethered or otherwise attached to the ground, structure or other object, but excluding hot air balloons that are temporarily tethered in connection with their imminent flight. This definition includes, but is not limited to inflated representations of blimps, products, cartoon characters, animals and the like.
INSTITUTIONAL SIGNS Signs identifying the premises of, or announcing the activities conducted by a church, school, hospital, rest home, or similar institutional facility.
INTERSTATE HIGHWAY LOGO SIGN An official government sign that contains only a logo located within a designated interchange area, whose purpose it is to identify restaurants, lodging, and service stations available in the vicinity of that interchange.
LOGO A unique image or type style or a close combination of the two as commonly used by an activity.
MANAGER OR OFFICE OF MANAGER SIGNS Signs which identify the location of the manager or the office of the manager of property.
MODEL HOME SIGNS Signs identifying a model home in a subdivision or land development project.
MONUMENT SIGN A freestanding sign no more than six (6) feet in height which is placed on a solid base directly on the ground or is supported by a posts or a pylon not more than eighteen (18) inches in height.
OFF SITE DIRECTIONAL SIGNS A sign containing information limited to the name of the business, the nature of the business, the business logo, if any, and the distance and direction to the use being advertised.
PENNANTS Any lightweight plastic, fabric or other material, whether or not containing a message, suspended from a rope, wire or string, usually in series, designed to move in the wind.
PERMANENT SIGN A sign that is attached to the ground or to a building in such a manner that it is not intended to be frequently removed or replaced and is not a portable or temporary sign as defined herein.
PLACED OR DISPLAYED Erected, constructed, posted, painted, printed, tacked, glued, carved or otherwise fastened, affixed or made visible in any manner whatsoever.
POLITICAL SIGN A sign relating to a political issue or candidate.
PORTABLE SIGN Any sign that is not permanently affixed to a building, structure, or the ground, inclusive of signs on movable objects, except signs on vehicles which are moving or parked only temporarily, incidental to their principal use for transportation; a portable sign is designed to be moved from place to place.
PROJECTING SIGN Any sign affixed to a building or wall in such a manner that its leading edge extends more than six (6) inches beyond the surface of such building or wall.
REAL ESTATE SIGNS Signs offering developed or undeveloped real property for sale, lease or rent.
ROOF LINE A horizontal plane projected parallel to the primary plane of a building floor and touching the primary roof plane on the building.
ROOF SIGN A sign that is displayed above the eaves and under the peak of a roof.
SIGN A structure or device designed or intended to convey information to the public in written or pictorial form which is intended to be viewed from outdoor public areas.
SIGN AREA The surface area of sign face is the entire area measured within a single continuous perimeter enclosing all elements of the sign which form an integral part of the sign and which are organized, related, and composed to form a single unit. Where matter is displayed in a random manner without organized relationship of elements, or where there is reasonable doubt about the relationship of elements, each element shall be considered to be a single sign. The calculation for a double-faced sign shall be the area of both faces.
SIGN FACE The surface of the sign on, against, or through which the message of the sign is exhibited.
SIGN PROGRAM A coordinated design plan of one or more signs for an individual business establishment or a business center.
SIGN STRUCTURE The supports, uprights, bracing, and framework for the sign. In the case of a sign structure consisting of two (2) or more sides where the angle formed between any of the sides (or the projection thereof) exceeds fifteen (15) degrees, each side shall be considered a separate sign structure.
TEMPORARY SIGN Any sign that is used only temporarily and is not permanently mounted
TIME AND TEMPERATURE SIGNS Signs displaying only the time or the temperature, or both.
WALL SIGNS A sign painted on or attached to the wall of a building, and erected parallel to the face of a building.
WINDOW SIGNS Any sign, pictures, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window.
C.   GENERAL LIMITATIONS.
1.   Provisions of this section regulating the location, placement, gross surface area, projection, height limitation, construction, and number of signs shall be subject to further restrictions by the applicable provisions of this Code.
   2.   Commercial centers shall have an overall sign plan.
   3.   Monument signs are encouraged.
   4.   The name of the business shall be the dominant message on the sign.
   5.   Registered or copyrighted logos or trademarks shall be allowed.
   6.   The following limitations shall apply in all business and industrial zones: Not more than three (3) signs, excluding directional signs as defined herein, provided that the total sign area for all allowable signs, for each occupancy, shall not exceed two (2) square feet of sign area for each lineal foot of street or occupancy frontage, further, in no case shall the allowable sign area for each occupancy or tenant exceed three hundred (300) square feet. See Section (7) below for limitations on advertising signs or billboards.
7.   The various limitations on advertising signs or billboards are set forth in Section (G)(1).
D.   SIGN ALLOWED WITHOUT PERMIT IN ALL DISTRICTS AND ZONES.
The following signs may be placed in all districts or zones of the City without a permit, subject to the restrictions and limitations contained in this section and as contained in Section (C) herein.
   1.   Barber poles. Rotating or stationary cylindrical poles of the traditional red, white, and blue spiral striped design, identifying the premises as a barber shop.
      a.   Size. Shall not exceed 2 and 2-1/2 feet in length.
      b.   Height. Not applicable.
      c.   Location. In all business zones.
      d.   Other restrictions. Shall be attached by brackets to the barber shop being identified. Top of sign shall not extend above the roof line of the barber shop being identified, such signs may move or rotate, notwithstanding the general prohibition of moving or rotating signs in Section (H).
   2.   Governmental or other signs required by law.
      a.   Size. As required by law.
      b.   Height. As required by law and not to exceed the height of freestanding sign allowance.
      c.   Location. As required by law.
      d.   Other restrictions. Shall be non-illuminated unless required by law.
   3.   Political signs. Shall be permitted on each lot not to exceed one (1) sign per candidate per street frontage, for a period of thirty (30) days prior to a primary or general election (including special elections), and five (5) days following a general or special election. Political signs shall not exceed sixteen (16) square feet in aggregate area. Political signs are prohibited on public property or public right-of-way. Political headquarters shall be allowed to display one (1) sign per candidate.
   4.   Real estate signs for property of less than one (1) acre. Signs offering developed or undeveloped property of less than one (1) acre for sale, lease, or rent. Real estate signs are prohibited on public right-of-way.
      a.   Size. Shall not exceed thirty-two (32) square feet in sign area in nonresidential areas. In the event that the sign refers to a single family home, then the size of the sign shall not exceed twelve (12) square feet in area.
b.   Height. Shall not exceed ten (10) feet in height if freestanding, except that a residentially zoned lot, the height shall not exceed six (6) feet.
c.   Location. Not less than one (1) foot inside the property lines in residential zones, business, and industrial zones.
      d.   Other restrictions. Shall not be illuminated. Only one (1) such sign may be displayed on each street frontage of the property to which it refers.
   5.   Residential name sign. One (1) sign identifying only the owner or occupant of a residential building. The maximum aggregate sign area shall be two (2) square feet.
   6.   Help-wanted signs not exceeding sixteen (16) square feet on non-residential property.
   7.   Holiday decorations.
   8.   Temporary window signs. Window signs of a temporary nature with less than 25% coverage. Signs may be placed or displayed on a window or window frame, covering less than 25% of the window area announcing special sales, change of management, or similar information and designed to be viewed from adjacent streets, sidewalks, public rights-of-way, or parking lots for a maximum of thirty (30) days per sign. Where not temporary, then permanent window signs shall be counted as part of the total allowable sign area and total allowable number of signs.
9.   Incidental window sign. Window signs that are intended to portray information pertaining to the operation of the occupancy, and that are not intended to be viewed from public rights-of-way or parking lots.
   10.   Construction announcement signs. Signs placed on real property upon which construction is to take place, or is taking place, which contain information regarding the individuals and firm directly connected with the construction project, including, but not limited to, the name of the contractor, the real estate licensee, and the future tenant(s).
      a.   Size. Shall not exceed forty (40) square feet in sign area on a parcel of land less than one (1) acre. Not to exceed sixty-four (64) square feet in sign area on a parcel of land of one (1) acre or more.
      b.   Height. Shall not exceed eight (8) feet on a parcel of land less than one (1) acre. Shall not exceed twelve (12) feet on a parcel of land of one (1) acre or more.
      c.   Location. Not less than five (5) feet inside the property line in residential zones, and not less than one (1) foot inside the property line in business and industrial zones.
      d.   Other restrictions. Shall be non-illuminated signs. Shall be removed when work is completed. Only one (1) such sign may be displayed on each street frontage of the property to which it refers.
   11.   Temporary signs for birthdays, anniversaries, and like announcements may be displayed on the site of the activity for a period not to exceed two (2) days. Community activity signs are allowed in business and industrial districts or zones. Such signs are allowed in residential zones for a period of ten (10) days only if located on the site of the activity and a permit is issued. Such signs which are displayed in connection without an annual event (a list of which is maintained by the Zoning Administrator) are allowed. Community activity signs are generally associated with religious, charitable, cultural, civic, or educational organizations.
      a.   Size. Shall not exceed thirty-two (32) square feet per sign face. Maximum two (2) sign faces.
      b.   Location. Not less than five (5) feet inside the property line in residential zones, and not less than one (1) foot inside the property line in business and industrial zones.
      c.   Other restrictions. Shall be non-illuminated signs and shall identify the organization and shall be at a level consistent with adequate identification and readability without creating a nuisance for neighboring property owners.
E.   SIGNS ALLOWED BY PERMIT IN ALL ZONES.
The following signs may be placed in all zones by permit, subject to the restrictions and limitations specified in this Section and Sections (C) and (H):
   1.   Institutional signs. Signs identifying the premises of, or announcing the activities conducted by a church, school, hospital, nursing home, or similar institutional facility.
      a.   Size. The aggregate size of all signs pursuant to this section shall not exceed sixty-four (64) square feet in sign area.
      b.   Height. Shall not exceed five (5) feet, if freestanding.
      c.   Location. Not less than five (5) feet inside the property line in residential zones.
      d.   Other restrictions. Only one (1) such sign may be displayed for each street frontage.
   2.   Real estate signs for property of one (1) acre or more. Signs offering developed or undeveloped property of one (1) acre or more for sale, lease, or rent.
      a.   Size. Shall not exceed sixty-four (64) square feet in sign area.
      b.   Height. Shall not exceed twelve (12) feet, if freestanding.
      c.   Location. Not less than ten (10) feet inside the property line in residential zones, commercial and industrial zones.
      d.   Other restrictions. May be illuminated signs, but the light shall be directed so it does not interfere with on-coming traffic. Only one (1) such sign may be displayed per street frontage of the property to which it refers.
F.   SIGNS ALLOWED BY PERMIT IN ALL RESIDENTIAL ZONES.
The following signs may be placed in all residential zones by permit, subject to the restrictions and limitations specified in this Section and Sections (C) and (H):
   1.   Residential identification signs. Identifying a single-family subdivision, an apartment or multi-family building or an apartment or multi-family complex by name and/or address.
      a.   Size. Shall not exceed twenty-four (24) square feet in sign area.
      b.   Height. Shall not be more than five (5) feet in height.
      c.   Location. Not less than five (5) feet inside the property line. Shall not be located within the visibility triangle or the right-of-way.
      d.   Other restrictions. Only one (1) such sign may be displayed on each street frontage.
   2.   Subdivision model home signs;; signs identifying a model home.
      a.   Size. Shall not exceed sixteen (16) square feet in sign area.
      b.   Height. Shall not exceed three (3) feet in height.
      c.   Other restrictions. May be displayed only on the premises of the model home which it identifies. Only one (1) such sign may be displayed per model home. Sign shall be removed once 80% of the lots in the subdivision have been issued building permits.
G.   SIGNS ALLOWED BY PERMIT IN BUSINESS AND INDUSTRIAL ZONES.
The following signs may be placed in business and industrial zones by permit, subject to the restrictions and limitations specified in this Code and sections (C) and (H) thereof, in addition to any restrictions imposed by subsection 1.08(F) as said standards apply to the highway corridor overlay zone:
   1.   Advertising signs or billboards.
      a.   It is the intent of this Section to establish reasonable and uniform limitations, safeguards, and controls for the operation and use of advertising signs or billboards in highway oriented business locations. Advertising requirements are deemed necessary in the public interest to protect the use and value of adjoining properties, as well as the best interests of the community.
      b.   For purposes of this Section an advertising sign shall be constructed in accordance with the definition and subject to the provisions of this section.
      c.   One advertising sign may be permitted on any lot of at least three hundred (300) feet of frontage on a street designated as a secondary arterial or primary arterial in all business districts, and one (1) additional advertising sign shall be permitted for each three hundred (300) feet of additional frontage, provided that such signs shall be separated a distance of at least five hundred (500) feet even if located on the opposite side of a street frontage. If an advertising sign is located in all business districts, and it is to be located on a lot that is improved with one (1) or more principal use(s) or building(s), a conditional use approval, a special exception in accordance with Chapter 90, Section 90.01, Exhibit B, Subsection 3.03 of this Code, is required to be obtained, prior to the issuance of a Sign Permit and/or an Improvement Location Permit.
      d.   Minimum setback lines shall be provided in accordance with the requirements of the applicable district, or fifty (50) feet, whichever is greater.
      e.   No advertising sign shall be permitted within one hundred (100) feet of a residential zone district unless the sign is provided with landscape screening.
      f.   The number of traffic access points shall not exceed one (1) for each such sign frontage.
      g.   The face of an advertising sign shall not be greater than eighteen (18) feet in vertical dimension nor greater than fifty-five (55) feet in horizontal dimension, except as provided in (9) below, and shall not contain more than two (2) advertising signs per face.
      h.   The full face of the sign shall be viewed along the line of travel to which it is exposed for a distance of at least two hundred fifty (250) feet along the center line of the frontage street measured from a point opposite the center of the sign and perpendicular to the street's center line. However:
         (1)   In the case of a sign parallel (or within twenty (20) degrees of parallel) to a one-way street, the required viewing distance shall be at least four hundred (400) feet;
         (2)   In the case of a sign which is from three (3) to twenty (20) degrees of parallel to a two-way street, the required viewing distance shall be at least four (400) feet;
         (3)   In the case of a sign parallel (or within three (3) degrees of parallel) to a two-way street, the required viewing distance shall be at least two hundred fifty (250) feet in each direction.
         (4)   In the case of a sign so placed that it can be viewed from more than one (1) street, the above viewing distance requirements shall be applicable to only one (1) street.
      i.   The vertical dimension of the sign face may be increased to 22 feet provided the required viewing distance in Section (G)(h) above is increased to five hundred (500) feet and the facing contains only (1) one sign, and the sign is perpendicular or within fifteen (15) degrees of being perpendicular to the frontage street.
      j.   The maximum height of advertising signs erected on the ground shall not exceed forty (40) feet above the street elevation to which the sign is oriented.
      k.   The outdoor advertising sign is considered a principal use, and there shall be no other uses on the same lot that the sign is located.
   2.   Changeable copy signs (permanent). Exterior signs or sections, that are fixed in place, and designated to be used with removable graphics to allow changing of copy, shall be computed as part of the total sign area allowed. Size, height, location, and other restrictions are applicable under the appropriate subsection, depending upon the type of sign utilized.
   3.   Commercial banners; commercial flags, pennants. Banners, flags and pennants generally made of flexible material, displayed for business promotion purposes, shall be attached to building, and can have only one (1) such sign displayed at one time in a commercial center.
      a.   Size. Banners are not to exceed thirty (30) square feet.
      b.   Height. Not to extend above the roof of the building.
      c.   Location. In all commercial and/or industrial zones.
      d.   Other restrictions. Shall be temporary signs. Shall be non-illuminated signs. Not more than four (4) permits for signs pursuant to this Section shall be issued to any one (1) business entity in any one (1) calendar year. Maximum thirty (30) days at a time.
   4.   Directory signs. A sign, or set of similarly designed individual signs, placed or displayed in sequence, to list all or part of the businesses within a building or business complex, Directory signs may be a part of a freestanding sign or may be placed separately on a building. For conditions regarding freestanding signs see Section (G)(6).
      a.   Size. When placed on a building, signs shall not exceed six (6) square feet in sign area for any one (1) business so identified. This section refers only to those signs that are to be placed upon an exterior wall or facade of the building. The total area of occupancy signs shall be limited to 10% of the facade of the building and shall not exceed forty (40) square feet in area.
      b.   Height. When mounted on a building, shall not extend above the roof line of the building on which the sign display is placed.
      c.   Location. In all business and industrial zones.
      d.   Other restrictions. Directory or occupancy signs may be combined with a freestanding sign. When combined with a freestanding sign, the combination shall be counted as part of the allowable sign area. For double-faced signs, that are freestanding, the double-faced sign may not exceed twenty-four (24) inches in thickness. As with freestanding signs, they shall be required to be placed in a landscaped area no less than seventy (70) square feet in size. They should be monument base style signs. When it is not possible or feasible to use a monument base style sign, then pole signs may be used as long as they do not exceed thirty (30) feet in height. The design, materials, and color of the structure supporting a freestanding sign or business directory or combination thereof, shall be required to have a design, similar materials, and colors of the structure or structures being identified. Materials allowed are wood, masonry, stucco over wood or steel frame, and pre-cast concrete. Note that small directional signs located in right-of-ways are prohibited.
   5.   Freestanding business center identification signs. Freestanding signs which identify a business center. These may be a combination of business center identification sign as well as occupancy signs. These may be double-faced signs. They shall be maintained in a landscaped area surrounding the base of the sign not less than seventy (70) square feet in area. In the event it is not possible or feasible to provide the minimum landscaped area, then a pole sign may be used without a structural base. When a structural base is provided it shall be limited to wood, masonry, stucco over wood or steel frame, and pre-cast concrete. The design, color, and materials shall be similar to the structure or structures being identified.
      a.   Size and height. Height shall be limited to not less than eight (8) feet measured from base to bottom of sign, nor more than thirty (30) feet in height. Freestanding signs may be combined with directory signs.
      b.   Location. In all business and industrial zones, not less than one (1) foot inside the property line.
      c.   Other restrictions. See Directory Signs - Other Restrictions. Only one (1) such sign may be displayed in each business center, or at each business existing on an individual legal parcel of land. In the event that a business center being identified by one (1) sign consists of three (3) or fewer individual businesses, then each business may be identified on the freestanding sign. Such signs shall be encouraged as a means of reducing the need for additional signage on the face of the buildings.
   6.   Freestanding individual business signs. Freestanding signs which identify a building, business, profession or industry which is not part of or on the same lot as a commercial center.
      a.   Size and height. Maximum six (6) feet in height.
      b.   Location. In all business and industrial zones, not less than one (1) foot inside the property line.
      c.   Other restrictions. No more than one (1) such sign may be displayed on a legal parcel or lot, which shall have at least fifty (50) feet of frontage. However, in the event that such parcel on which the individual business is located has two (2) or more street frontages, each of which has two hundred (200) feet or more, an additional sign shall be allowed for each such frontage. See also, Directory Signs - Other Restrictions.
   7.   Off-site directional signs. Signs identifying a business activity, property, or product at some location other than where the sign is displayed. Such signs may only identify a building, business, profession, or industry not fronting on any road or street, but only having a vehicle access to a road or street by means of an easement or frontage road. Only (1) one such sign should be displayed for each building, business, profession, or industry. See also Directory Signs - Other Restrictions.
      a.   Size. Shall not exceed twelve (12) square feet in sign area for a sign mounted flat on a building, or twenty-five (25) square feet total for both sides of a freestanding sign.
      b.   Height. Shall not exceed eight (8) feet if freestanding.
      c.   Location. In all business and industrial zones.
      d.   Other restrictions. The Traffic Safety Committee may approve such a sign if there is a legitimate issue of traffic safety involved. If such a sign presents a traffic safety issue as determined by the Zoning Administrator, a permit shall only be issued upon approval by the Traffic Safety Committee.
   8.   On-building identification signs. Permanent signs mounted flat on a building which identify a building and/or which identify one (1) or more businesses, professions, or industries conducted on the premises. Such signs shall be allowed as long as no more than three (3) signs for identification purposes are provided for any business, profession, or industry.
      a.   Size. Shall be computed as part of the allowable one hundred twenty (120) square feet of signage per tenant, which excludes what may be on the business center sign.
      b.   Height. Shall not exceed above the roof line of the same building upon which the sign is placed or displayed.
      c.   Location. In all business or industrial zones.
      d.   Other restrictions. Only one (1) on-building identification sign shall be displayed per side of a commercial or industrial building with no more than three (3) such signs per building. In no event shall such signs face onto a residential area. The Zoning Administrator may issue a temporary permit, not to exceed ninety (90) days, for provision of temporary signs until such time as permanent signs can be installed on buildings. Such temporary signs shall be governed by all of the rules and regulations specified in this section.
   9.   Directional signs. Signs placed or displayed on private property, such as in parking lots to supply information to people using such lots, including such information in respect to liability, entry, exit, and directional information, as necessary to facilitate the safe movement of vehicles served by the parking area. Such signs are not intended to be advertising signs, and shall not contain advertising information.
      a.   Size. Shall not exceed four (4) square feet in area.
      b.   Height. Shall not exceed three (3) feet.
      c.   Location. In all business and industrial zones, or on public use sites located in residential zones.
   10.   Projecting signs. A sign characterized by its attachment at an angle to the face of the building as opposed to being mounted flat on the surface of a building.
      a.   Size. The area of such signs shall be in accordance with Section (G) (7). Such signs shall be counted as part of the total sign allowance on a particular site. In no event shall such signs extend above the roof line of a building.
      b.   Height. Shall not exceed the height of the building as measured to the top of roof or mansard.
      c.   Location. In all business and industrial zones.
      d.   Other Restrictions. Notwithstanding any other provisions of this section, a permit for a projecting sign shall not be issued unless such sign has been approved by the Zoning Administrator and is in conformance with the Building Code.
      e.   Minimum clearance. Eight (8) feet minimum clearance from ground surface to bottom of projecting sign. The total sign area may not exceed one hundred twenty (120) square feet (including both sides of a sign). Freestanding signs may be combined with directory signs.
   11.   Time and temperature signs. Signs displaying the time or the temperature, or both.
      a.   Height. Shall not be less than eight (8) feet if freestanding and not to exceed thirty (30) feet, measured from ground to bottom of sign.
      b.   Location. In all business and industrial zones.
      c.   Other restrictions. If mounted on a building, the top of such sign shall not extend above the roof line of the building on which it is displayed.
      d.   The sign area shall be computed as part of the total signage allowance for each business, profession, or industry being identified.
   12.   Canopy signs. Signs suspended no lower than eight (8) feet above a walkway, under a canopy of a building, which identifies a business, profession, or industry conducted on the premises. The area shall be computed as part of the total allowable sign area.
      a.   Size. Shall not exceed four (4) square feet in sign area per face.
      b.   Height. Such sign shall extend no lower than eight (8) feet above the area over which it is suspended.
      c.   Location. In all business and industrial zones.
      d.   Other restrictions. Such signs shall identify only a building, business, profession, or industry. Only one (1) such sign shall be displayed per entrance.
H.   SIGNS PROHIBITED IN ALL ZONES.
   1.   Bench signs. Signs located on benches or an other similar structures.
   2.   Flashing signs. Signs containing lights which flash, blink, or which give the appearance of movement, except for time and temperature signs, as allowed by Section (G)(11).
   3.   Illuminated signs which are not constant in intensity and color and which consist in whole or in any part of flashing, animated, chasing or scintillating lights and/or lights that flash, blink, or give the appearance of movement, except for time and temperature signs as allowed by Section (G)(11).
   4.   Moving, inflating or rotating signs. Signs designed to move or rotate in whole or in part are prohibited, except for barber poles as allowed in Section (D)(1).
   5.   Portable signs.
   6.   Roof signs. Signs which project above the roof line of the building are prohibited.
   7.   Signs interfering with traffic safety. Signs adversely affecting vehicular traffic and pedestrian safety are prohibited.
   8.   Vehicle signs. Signs placed or displayed on vehicle parked primarily for the purpose of displaying the sign.
   9.   Obsolete signs. Signs and sign structure no longer identifying a business, profession, or industry on the premises that they were intended to identify. Such signs and sign structure shall be removed within ninety (90) days following the cessation or relocation of a business, professional office, or industrial activity.
   10.   Freestanding individual business signage with a height, measured from grade, of more than six (6) feet.
I.   PERMIT PROCEDURES.
All signs identified by this chapter as requiring the issuance of a permit, shall be governed by the criteria for permit applications established by the Plan Commission.
   1.   Criteria for all signs requiring a permit. A permit application for a sign otherwise in compliance with the provisions of this Code shall be approved if said sign complies with the following criteria:
      a.   The sign should serve primarily to identify the business, the establishment, or the type of activity conducted on the same premises, of the project, service or interest being offered for sale, lease or rent thereon, except as otherwise specifically provided above.
      b.   Illumination of signs, where not specifically prohibited by this chapter should be at a level consistent with adequate identification and readability.
      c.   Signs requiring approval of the Board of Zoning Appeals for special exception contained anywhere within this Code, shall first receive Board approval prior to a permit for said sign being issued.
      d.   Appropriate fees have been paid.
   2.   Permit application procedure.
      a.   Applicants are required to apply for permits prior to undertaking any construction.
      b.   Only one (1) sign permit shall be required for each sign plan. Applicants shall provide a sign plan as opposed to obtaining single permits for commercial centers, groups of businesses, professional offices, or industrial complexes.
      c.   Application shall be made on an application form provided by the Zoning Administrator.
   3.   Sign permit application and fees. Before a sign permit application is approved, the applicant shall submit information to the Zoning Administrator, as specified in the permit procedures required under Section (I)(l) and post required fees as determined by resolution of the Town Council of the Town of New Palestine, Indiana.
   4.   All permits are good in perpetuity, unless the sign is altered, damaged, or destroyed, in which case a new permit is required and all sign provisions, conditions and limitations then in effect pursuant to this Code shall apply. Permits for those signs which are expressly specified as temporary signs pursuant to this section are temporary permits.
   5.   A sign permit shall become null and void if the sign or sign program for which the permit was issued has not been installed within twelve (12) months of issuance of said permit.
J.   REVOCATION OF PERMIT.
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 is obsolete in that it advertises the identity of an entity no longer present at said location, or 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.
K.   DETERMINATION BY ZONING ADMINISTRATOR.
The Zoning Administrator may determine that a substantial change has been made to an existing sign or sign structure, except as otherwise provided for "Changeable Copy Signs," herein. Such substantial change shall be considered a violation of this section, if a new permit is not obtained.
(Ord. 031809, passed 4-15-2009)