§ 159.165 OTHER SIGN PROVISIONS.

The purpose of this subchapter is to create the legal framework for a comprehensive and balanced system of signs, to promote and facilitate a simple and pleasant communication between people and their environment; protect the public health, safety, and general welfare; minimize hazards to pedestrians and motorists along thoroughfares, intersections: and public rights-of-way; enhance the aesthetic environment of the City of Noblesville’s jurisdictional limits; and avoid visual clutter that may be harmful to property values, business opportunities and community appearance. It is a further goal to protect the residential character of neighborhoods by limiting the intrusion of non-residential signage into residential neighborhoods, and setting out strict standards to allow for limited intrusion of signs where appropriate. It is the intent of this subchapter to authorize the use of identification signs that are:

(A) Compatible with their surroundings;

(B) Appropriate to the activity that displays them;

(D) Legible in the circumstances in which they are seen;

(E) Simple and concise;

(F) Cognizant of the need for adequate business identification while promoting an attractive appearance throughout the community through the use of sensible quality control, adequate maintenance and inspection, and by reasonable guidelines formulated to minimize clutter;

(G) Allow residents to conduct activities like garage sales that are considered customary and incidental to normal use of a residential home but temporary and limited in duration and scope of event;

(H) Allow certain signs that are small, safe, unobtrusive, and incidental to the principal use of the respective lots on which they are located, subject to the substantive requirements of this chapter but without a requirement for permits;

(I) Provide for temporary signs in limited circumstances without regard to the communicative content of the sign;

(J) Establish comprehensive sign regulations which effectively balance legitimate business and development needs with a safe and aesthetically attractive environment for residents, workers, and visitors to the city;

(K) Establish a permit system to allow specific types of signs in zoning districts consistent with the uses, intent, and aesthetic characteristics of those districts;

(L) Regulate signage based on property use, location, and activities, in a content neutral manner;

(M) Promote public safety.

(Ord. 62-12-95, passed 1-22-96; Am. Ord. 23-4-07, passed 5-15-07; Am. Ord. 17-5-09, passed 6-9-09; Am. Ord. 32-07-19, passed 7-23-19)

§ 159.161 DEFINITIONS.

For the purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

“BALLAST.” A heavy substance placed in such a way as to improve the stability and control of an object.

“BUILDING, SINGLE-TENANT.” A building in which all space is occupied by one tenant and is not a part of a larger unified development.

“CANOPY.” A roof-like structure extending from a building in order to provide protection from the elements, which is carried by a frame that is supported by the ground.

“CHANGEABLE COPY.” Letters, numerals, or other copy that may be manually or mechanically affixed to and/or removed from a sign. “CHANGEABLE COPY” is only permitted when incorporated into a permanent sign structure as permitted by this subchapter.

“CHANNEL LETTERS.” Three-dimensional individually cut letters or figures, illuminated or not illuminated, affixed to a structure. Open- face “CHANNEL LETTERS” are prohibited.

“CHANNEL LETTERS, OPEN-FACE.” Three dimensional, individually cut letters or figures, illuminated having a clear plastic face allowing for raw neon or like materials to be seen and affixed to a structure. This type of channel letter is prohibited.

“COMMERCIAL MESSAGE.” Any image, logo, or words that advertise a business conducted, service rendered, activity conducted, or goods produced and/or sold.

“COMMUNITY EVENT.” An activity that is open to the general public and sponsored by a public, private not-for-profit, or religious organization that is educational, cultural, or recreational in function. Charitable events sponsored by for-profit organizations are also considered “COMMUNITY ACTIVITIES.”

“COPY.” The wording, logo, shapes, and object content of a sign in either permanent or removable letter media.

“CORE CENTRAL BUSINESS DISTRICT.” The area beginning at the intersection of Clinton Street and 10th Street, running thence south along 10th Street to the intersection with Maple Avenue, running thence west along Maple Avenue to a point where Maple Avenue would intersect with White River, if Maple Avenue were continued upon its western course; running thence north along the meandering thread of White River to the intersection of a line which would represent the extension of Clinton Street to the west to its intersection with White River; thence east to Clinton Street and along Clinton Street to the point of beginning.

“DRIVEWAY, LEADING EDGE.” The edge of the driveway located behind the street right-of-way.

“FACADE.” The main exterior of a building usually characterized by elaboration of stylistic details and containing an entrance.

“FLAG.” A rectangular piece of fabric of distinctive design that is or represents an official symbol of a nation, state, municipality, or the legal entity that occupies the property.

“FRONTAGE.” Property connected directly with a street or highway. For the purpose of determining frontage, an alley is not considered to be a street or highway.

“GARAGE SALE (RUMMAGE, NEIGHBORHOOD, ESTATE AND OTHER SIMILAR ACTIVITIES).” The sale or offering for sale to the general public of personal property on any portion of a lot in any zoning district, either within or outside of a structure on a temporary basis. It includes a single-individual, a group of individuals, and/or a sale conducted by a religious, school, or not-for-profit organization.

“HEIGHT, SIGN.” The vertical distance measured from the highest point of the sign to the finished grade of the ground immediately beneath the sign. For those instances when the sign is constructed on an artificially constructed earthen berm, the “SIGN HEIGHT” shall be measured from the highest point of the sign to the base of the earthen berm.

“ILLUMINATION.” An artificial light source incorporated internally or externally for the purposes of illuminating the sign.

“ILLUMINATION, BARE-BULB.” A light source which consists of light bulbs with a 20 watt maximum wattage for each bulb.

“ILLUMINATION, FLOOD.” A light source which shines directly upon the object which it is intended to illuminate.

“ILLUMINATION, HALO-LIT.” Individually mounted opaque, internally backlit letters that illuminate the wall or surface to which they are attached.

“ILLUMINATION, INDIRECT.” A light source which does not directly shine upon the object which it is illuminating.

“ILLUMINATION, INTERNAL.” A light source that is concealed or contained within the object which it is intended to illuminate and becomes visible in darkness through a translucent surface.

“INDIVIDUAL LETTERS.” May include channel letters/figures, sandblasted letters/figures, wood-carved letters/figures or other types as determined by the Director of Planning and Development or his or her designee.

“INTEGRATED DEVELOPMENT.” A development containing three or more stores, service establishments, offices or other permitted uses planned, organized, and managed to function as a unified whole and featuring all or some of the following features in common: (1) driveways, (2) parking, (3) signage plan, (4) landscaping plan, and /or platted as a subdivision that may include outlots for lease or for sale.

“ITEM OF INFORMATION.” A word, an initial, a logo, an abbreviation, a number, a symbol, or a geometric shape.

“MULTI-TENANT BUILDING, EXTERNALLY ACCESSED.” A single building occupied by two or more tenants in which individual business entrances are accessed externally on the ground floor.

“MULTI-TENANT BUILDING, INTERNALLY ACCESSED.” A single building occupied by two or more tenants in which individual business entrances are accessed internally through a single exterior access point or limited exterior access points.

“MURAL, ART.” Original works (i) created by an individual or team that are designed with the intent of producing a creative or aesthetic outcome, (ii) are not used for advertising a business, product, service, or commercial activity, and (iii) is painted, drawn, or similarly applied on the exterior of a structure for artistic expression. The only lettered or numeric messaging includes the artist's name and date of installation.

“RACEWAY.” A long rectangular metal enclosure used to mount individual channel lettering and to conceal related electrical components onto a wall face. “RACEWAYS” may be internal or external to a building.

“RESIDENTIAL AREA.” Any portion of the city in which residential uses are permitted or a legal non-conforming residential use is established.

“REVERSE CHANNEL LETTERS.” See “ILLUMINATION, HALO-LIT.”

“SIGN.” Any name, identification, description, display, or illustration which is affixed to, painted, or represented directly or indirectly upon a building or other outdoor structure or parcel of land, and which directs attention to an object, product, place, activity, business, person, service, or interest. The following definitions shall be subsets of the definition of “SIGN:”

(1) “AWNING.” A roof-like covering of cloth, plastic or other non-structural material that either is permanently extending from a building or can be raised or retracted to a position against a building when not in use.

(2) “BANNER.” A sign with a message comprised of a logo, text, coloring, and/or design applied to a lightweight material such as cloth, paper, fabric, or plastics and secured or mounted to allow movement caused by the atmosphere or by artificial means of producing the movement of air. These do not include wing banners, feather banners, flying banners, towers, cylindrical banners, wind-up banners, and tear-drop banners.

(3) “BANNER, FEATHER.” A sign with a rigid rib that forms a straight line, curve, or angle at the top on a single or two side and loose fabric on the other edges. Also known as wing banners, feather flags, flying banners, towers, cylindrical banners, wind-up banners, and tear-drop banners.

(4) “BLADE.” A smaller version of a projecting sign oriented to be read from the sidewalk by a pedestrian. These signs shall be located on the ground floor of the buildings and shall be suspended from or supported by the building, an awning, canopy, or marquee.

(5) “CABINET/BOX.” A sign with text and symbols printed on a single-piece of plastic, acrylic, wood, or metal made up of a single-face and back or two faces that are mounted in a cabinet or box that houses the lighting sources and equipment.

(6) “CONSTRUCTION.” A sign located on a property or within a development or subdivision that is actively under construction. That includes property with active building permits or improvement location permits.

(7) “DESIGNATION.” A type of ground sign that identifies an integrated development and may identify one or more establishments within the development.

(8) “DIRECTIONAL.” A sign intending to direct the safe flow of pedestrian and vehicular traffic that includes “enter,” “exit,” “arrow signs” and other similar information.

(9) “DIRECTORY.” A sign that provides a listing of uses or tenants within a particular building or complex of buildings, intended to facilitate circulation within the development and provide information to patrons by providing either directions to or locations of tenants.

(10) “ELECTRONIC.” A sign capable of displaying words, symbols, figures, or images in a format such as LED (Light Emitting Diode) that can be electronically or mechanically changed by remote or automatic means.

(11) “GATEWAY.” A permanent sign indicating entry into a neighborhood or special district located either on private property or within the right-of-way.

(12) “GROUND.” A freestanding sign supported primarily by an internal structural framework or integrated into landscaping or other solid structure features. If supported by poles, posts, or braces, the maximum clearance between the bottom of the sign and the grade is one foot. The external support structures shall be covered by natural flagstone, brick, rock, stone, and/or river rock with said sign design being of the same architectural style and materials as the main building on the site. Each support covering must be a minimum of 25% of the width of the sign face.

(13) “INCIDENTAL.” A permanent sign which has a purpose that is secondary and incidental to the use of the lot on which it is located, such as “hours of operation,” “loading zone only,” “air,” and “visitor parking” and other similar messages which carries no commercial message that is legible beyond the lot on which the sign is located.

(14) “LIGHTER-THAN-AIR.” A nonporous bag of light material that can be inflated with heated air or gas so as to make it float in the atmosphere and give it shape and is properly anchored to the ground.

(15) “LOT IDENTIFICATION.” A sign that includes the lot number, structure address number, and building permit all laminated and established on a two-foot by four-foot post(s), a minimum of five feet to a maximum of six and one-half feet in height above the ground level.

(16) “MARQUEE.” A permanent structure other than a roof, attached to, supported by, and projecting from a building providing protection from the environment.

(17) “MENU BOARD.” A cabinet sign listing the assortment of food items available and the price of such items offered.

(18) “MODEL HOME/SHOW HOME.” A sign indicating that it is a “MODEL HOME” or “SHOW HOME” and may include the name of the builder/developer, telephone number of the builder/developer, hours open, cost, model/style, and other information relating to that particular home and located on the lot of the “model” or “show” home.

(19) “MURAL.” A sign painted onto the side of a building, wall, ground, or structure. Murals without a commercial message are not regulated by this subchapter. (See also Mural, Art definition.)

(20) “NEIGHBORHOOD.” A sign identifying a subsection of the overall subdivision or development.

(21) “NON-CONFORMING.” A sign legally existing as of the effective date of this subchapter that is not in compliance with this subchapter or any subsequent amendments.

(22) “OFF-PREMISE” or “OFF-SITE.” A sign directing attention to a business, product, service, entertainment and/or any other activity offered, sold or conducted elsewhere than upon the lot where the sign is displayed.

(23) “PARKING LOT IDENTIFICATION.” A sign providing information for the convenience of the public to identify the location of a parking space or lot that only contains the venue name or symbol and the necessary information to identify the parking lot and row.

(24) “PLACARD.” A sign that is attached directly to the face of a residential structure that has been converted into a business in the area shown in Appendix G of the Unified Development Ordinance also known as the Central Core Map.

(25) “POLE.” A freestanding street graphic that is permanently supported in a fixed location by a structure of poles, posts, uprights, or braces from the ground and not supported by a building or base structure.

(26) “PORTABLE.” Any sign that is not permanently attached to the ground or other permanent structure or a sign designed to be transported including but not limited to signs designed to be transported by wheels; balloons used as signs, umbrellas used for advertising and signs attached to or painted on vehicles which are parked or positioned for the primary purpose of displaying the sign.

(27) “PORTABLE, HUMAN.” Any sign or banner, made of any material which is carried, held, or displayed by any person or persons.

(28) “PROJECTING.” Any double-sided sign suspended from or supported by a building, and extending outward perpendicular to the building face upon which it is attached.

(29) “REAL ESTATE AVAILABILITY.” A sign displayed on property that is listed for sale, lease, or rent on a centralized listing service, website, newspaper advertisement, or other similar media.

(30) “ROOF.” Any sign erected on or above the roof-line of a building.

(31) “SANDBLASTED.” A sign created by placing a rubber stencil over letters and images and etching the background with a high-pressure mixture of sand and air on wood or glass materials.

(32) “SANDWICH BOARD.” A sign constructed in such a manner as to form an “A” or a tent-like shape not permanently attached or secured to the ground or surface upon which it is located specifically for advertising that business.

(33) “SUSPENDED PORCH.” A sign that is suspended from a porch or overhang. This type of sign shall be permitted on residential structures that have been converted to a business in the area shown in Appendix G of the Unified Development Ordinance also known as the Central Core Map.

(34) “TEMPORARY.” A sign or advertising display that is to be displayed for a temporary designated period of time. The following signs are included but are not limited to contractor sign, garage sale sign, community garage sale sign, special event sign, real estate availability sign, lighter-than-air display, lot identification sign, model home/show home sign, open house directional sign, sandwich boards, banners, community pride sign and other signs as determined by the Director of Planning and Development or his or her designee.

(35) “WALL.” A sign attached to or affixed directly to the wall of a building or structure, parallel to the plane of the building or structure and extending less than 12 inches from the building or structure.

(36) “WINDOW.” A sign painted, etched, or attached either directly onto the inside or outside of a window.

(37) “YARD.” A sign mounted on a stake or metal frame that is used for a limited time without regard to message. Examples include, but are not limited to, campaigns, sales, services, business identification, and promotions.

(38) “YARD CARD (SIGN BOARD).” A durable, double-sided, detailed design advertising a community garage sale event. The card/board may be constructed of PVC or pressure treated wood with a protective coating or other similar materials.

“SIGN AREA.” The entire area of a single continuous perimeter enclosing all elements of the sign which forms an integral part of the sign and which are organized, related and composed to form a single unit. Where copy is displayed in a random manner without organized relationship of items of information or where there is reasonable doubt about the relationship of the items of information, each item of information shall be considered to be a single sign.

“SIGN AREA, GROUND AND PROJECTING SIGN (CALCULATION OF AREA).” The total area of the sign face which is used to display a sign, not including its supporting poles or structures. If a sign has two faces that are parallel and supported by the same poles or structures, the area of the sign shall be considered as one sign. If the sign has two or more faces that are supported by the same or different poles or structures and are not parallel, the sign shall be considered two signs.

“SIGN AREA, WALL SIGN (CALCULATION OF AREA).” The percentage of the signable area of a building or structure which may be used for the wall sign.

“SIGN BACKER.” A background display that is attached to the building or a part of the sign which is typically a geometric shape and usually of a contrasting color to either the building and/or the sign face.

“SIGN PERMIT.” A document signed by the Director of Planning and Development or his or her designee stating that the sign meets the general provisions of this subchapter and the Unified Development Ordinance.

“SIGNABLE WALL AREA.” The total area of the building face on which the sign is located. Windows, doors, awnings and other architectural details such as decorative molding and secondary building materials are subtracted from the total area. For buildings divided into separate architectural planes, only the architectural plane on which the sign is located is used for calculating “SIGNABLE WALL AREA.” All sign elements shall be located on the same architectural plane.

“SIGNATURE MONUMENT.” An identifying mark, architectural feature, or water feature located at the entrance to a residential development on a roadway identified on the Noblesville Thoroughfare Plan. These include, but are not limited to, a fountain, clock tower, pergola, gazebo, outdoor plaza, ponds, spire, arbor, or waterfalls.

“SPECIAL EVENT.” A noteworthy occasion or activity that is not a part of a regular service or occasion that is conducted by business, religious, civic, educational, community, governmental or similar organizations.

(Ord. 17-5-09, passed 6-9-09; Am. Ord. 23-6-09, passed 6-23-09; Am. Ord. 41-9-09, passed 10-13-09; Am. Ord. 25-7-10, passed 8-24-10; Am. Ord. 30-9-10, passed 9-28-10; Am. Ord. 31-9-10, passed 9-28-10; Am. Ord. 12-2-11, passed 3-15-11; Am. Ord. 22-06-13, passed 7-9-13; Am. Ord. 13-02-14, passed 3-11-14; Am. Ord. 17-04-14, passed 5-13-14; Am. Ord. 37-08-14, passed 9-9-14; Am. Ord. 25-07-17, passed 8-15-17; Am. Ord. 32-07-19, passed 7-23-19)

§ 159.162 SIGN PERMITS.

(A) No person shall erect or display a sign unless the Director of Planning and Development or his or her designee has issued a permit for the sign or unless this section exempts the sign from the permit requirements.

(B) A person proposing to erect or display a sign shall file an application for a permit with the Department of Planning and Development. The application shall contain:

(1) Information concerning the location, height, and size of sign and the date on which it is to be erected or displayed.

(2) A drawing or photograph of the building elevation including identification of building materials and a site plan indicating the location of the proposed sign and all existing signs displayed by the activity.

(3) If the application is for a wall sign, a drawing to scale, showing the location of the sign within the signable area of the building, dimensions, and the percentage of the signable area covered by the wall sign is required.

(4) Specifications for the construction of the sign and for its illumination, if any, shall be provided.

(C) The Director of Planning and Development and/or his or her designee shall issue a permit for the sign if all of the following are met where applicable:

(1) It complies with the regulations for signs contained in this subchapter.

(2) It complies with a “Program of Signs.”

(3) It has been authorized as a variance by the Board of Zoning Appeals.

(4) It complies with special regulations adopted for a designated “Area of Special Control.”

(5) It has been approved as a sign package for a planned development.

(D) Signs listed as exempt in § 159.169 do not require a permit.

(Ord. 17-5-09, passed 6-9-09; Am. Ord. 10-03-13, passed 4-9-13; Am. Ord. 32-07-19, passed 7-23-19)

§ 159.163 SIGN CALCULATIONS STANDARDS.

(A) Sign Area.

(1) The entire area 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.

Signs included as an integral part of a landscape wall or fence shall have sign area measured by enclosing all elements of the sign which form an integral part of the site.

(2) Where the sign consists of individual letters, words or symbols attached to a surface, building, canopy, awning, wall or window, the sign area shall be the area of the smallest, simplest geometric form which completely encompasses the individual words or symbols. In the case of an awning/canopy, which wraps around a building, only that portion fronting the public street shall be used in calculating the signable area.

(3) Ground signs which maintain a configuration of back to back faces shall be counted as one sign. In such case where the sign maintains an axis greater than zero degrees, the sign shall be considered two signs.

(4) Signable Wall Area. The signable wall area shall be the total area of the building face on which the sign will be located. Windows, doors, awnings and other architectural details, such as decorative molding and secondary building materials are subtracted from the total area. For buildings in which the building face is offset into multiple faces, only the face on which the sign will be located is used for calculating the signable wall area. All sign elements must be on the same architectural plane.

(5) In the case of an awning/canopy which wraps around a building, only that portion fronting the public street shall be used in calculating the signable area.

(B) Sign Height.

(1) The vertical distance measures from the highest point of the sign to the finished grade of the ground immediately beneath the sign, unless the sign is located on an artificially constructed earthen berm. In this instance, the sign height is measured from the highest point of the sign to the base of the earthen berm.

(1) An “ITEM OF INFORMATION” means any of the following: a word, an initial, a logo, an abbreviation; a number; a symbol; or a geometric shape.

(2) However, if the name of the proprietor occupying the building and its premises contains more than the permitted items of information, the name may be displayed once on each frontage as an allowable sign, provided no other sign is displayed on that frontage.

(D) Items of Information Allowance.

(1) Designation sign - Maximum 20 items of information not including the center name or planned development name.

(2) Changeable copy sign - Maximum 15 items.

(3) Window sign (second floor or above tenants in the Downtown Zoning District) - Six items.

(4) Any Sign (other than specified above) - Ten items.

(Ord. 17-5-09, passed 6-9-09; Am. Ord. 23-6-09, passed 6-23-09; Am. Ord. 12-2-11, passed 3-15-11; Am. Ord. 10-03-13, passed 4-9-13; Am. Ord. 32-07-19, passed 7-23-19)

§ 159.164 SIGN DESIGN, INSTALLATION, AND MAINTENANCE.

(A) Design.

(1) Wall signage shall be integrated with the facade design, and not obscure architectural details and not protrude more than 12 inches out from the face of the building.

(2) Logos and other graphics shall not exceed 30% of the maximum permitted area of the sign.

(3) Script text is permitted as one continuous channel letter.

(4) Designation signs and ground signs shall include the words “of Noblesville” following any designation of an industrial park, office park, apartment development, subdivision development or shopping center name as an integral part of the sign design. The size of the words “of Noblesville” shall be a minimum of 50% of the height of the largest group of letters in the development’s name on the sign, and shall not be counted towards the maximum items of information allowed on the designation or ground sign. If the word “Noblesville” is already a part of the development’s name on the sign, there shall be no requirement for the location of the words “of Noblesville” on the sign. In any case, where “of Noblesville” is required on the sign, the design, and material used to include this wording shall be appropriate and similar to the other lettering on the sign.

(5) Ground and designation signs shall meet the minimum setback requirement from the right-of-way as per this subchapter and the Unified Development Ordinance.

(6) No ground or designation signs shall be located in a vision corner clearance triangle. (See § 159.120(A)(8).)

(7) Awnings may be constructed of canvas or cloth; however, no illuminated plastic or glossy or reflective materials shall be used.

(8) If a raceway is necessary, it shall not extend in width or height beyond the area of the sign. A raceway shall be finished to match the background surface to which it is attached or integrated into the overall design of the sign. Conduits and other electrical components shall be designed as an integral part of the overall sign structure and hidden from view to the extent technically feasible. Visible transformers are prohibited.

(B) Installation.

(1) All signs shall comply with the applicable provisions of the Indiana Building Code and the National Electrical Code.

(2) Illuminated signs shall not exceed the foot-candle standards of this subchapter.

(1) Permanent signs shall be kept and maintained in a good state of repair and in a safe condition at all times. Maintenance of the sign shall include but not limited to the replacement of defective parts, missing or damaged sign panels or supports; cleaning, cracked or peeling paint, and other similar acts required for maintenance of the sign. Weeds, grass, or vegetation that obscures the view of the sign message shall be subject to the provisions of Chapter 94 in the Code of Ordinances.

(2) When a sign is not maintained within the provisions of this subchapter or the Code of Ordinances or determined otherwise to be unsafe, the Director of Planning and Development or his or her designee, shall send written notice to the property owner of record on which the sign is located to remove, repair, or alter the sign within 60 calendar days. Failure to remove, repair or alter the sign as requested shall result in the Director of Planning and Development seeking alternative remedies as provided by law.

(Ord. 17-5-09, passed 6-9-09; Am. Ord. 23-6-09, passed 6-23-09; Am. Ord. 12-2-11, passed 3-15-11; Am. Ord. 32-07-19, passed 7-23-19)

§ 159.165 OTHER SIGN PROVISIONS.

(A) Areas of Special Control.

(1) This subchapter and the Table of Permitted Permanent Signs cannot adequately regulate all desirable types and designs of signs in an area as diverse as Noblesville. The city may therefore, pursuant to § 159.044, designate certain real estate as “Areas of Special Control” including architectural, historic, or scenic areas.

(2) The City of Noblesville shall maintain and shall revise as required a zoning map of Noblesville indicating the boundaries of all designated “Areas of Special Control.”

(3) The City of Noblesville shall adopt special regulations for signs in “Areas of Special Control” which shall be consistent with the character of the specific area.

(4) To the extent in conflict, special regulations for "Areas of Special Control" supersede and may be either more or less restrictive than the regulations for signs contained in this subchapter.

(B) Program of Signs.

(1) One or more adjacent activities not located in an “Area of Special Control” may submit a Program of Signs to the Plan Commission. The Program of Signs shall contain a visual representation of the lettering, illumination, color, area, height, placement, and location of the signs proposed for display. The items of information displayed on the signs proposed by an activity in the Program of Signs shall not exceed the items of information allowance.

(2) The Plan Commission may approve a Program of Signs if the signs visually represented in the Program are consistent with the purposes of this subchapter, are appropriate to the function and architectural character of the building(s) in which the activity is located, and are compatible with the existing adjacent activities.

(3) An activity whose Program of Signs has been approved by the Plan Commission may display only those signs that comply with the approved program.

(1) Subject to the property owner's consent, any non-commercial copy may be substituted, in whole or in part, for any commercial copy on any sign permitted by this code. If non-commercial copy is substituted, the sign will continue to be treated as the original commercial sign under this code and will not be deemed or treated as an off-premise sign. The content of any non-commercial copy on any sign otherwise permitted by this subchapter may be changed without complying with any provisions of this subchapter normally required for sign copy or design approval.

(2) The purpose of this provision is to prevent any inadvertent favoring of commercial speech over non-commercial speech, or favoring of any particular non-commercial copy over any other non-commercial copy.

(a) This provision does not create a right to increase the amount of permanent signage on a parcel, lot, or land use.

(b) This provision does not affect the requirement that a sign structure or mounting device be properly permitted.

(d) This provision does not allow the substitution of off- premises commercial copy in place of on-premises commercial copy or non-commercial copy.

(Ord. 17-5-09, passed 6-9-09; Am. Ord. 24-07-13, passed 8-13-13; Am. Ord. 32-07-19, passed 7-23-19)

§ 159.166 PERMANENT SIGNS.

The following requirements shall apply to all permanent signs within the City of Noblesville’s Planning jurisdiction. Refer to "Article 8 - Zoning Districts" (§§ 159.105 et seq.) for sign regulations specific to the Corporate Campus Planned Development District and the West Gateway Planned Development District.

(A) Home Occupation (Residential Zone Districts).

(1) Permit required: No.

(2) Type of sign permitted: Wall sign.

(3) Number: One wall sign shall be permitted.

(4) Maximum sign area: One square foot.

(5) Maximum ground sign height: N/A.

(6) Location: Attached flat against the wall of the residence.

(7) Permitted materials: Any.

(8) Illumination: Non-illuminated.

(9) Landscaping: N/A.

(10) Alternate signage: N/A.

(B) Single-Family, Two-Family or Multi-Family Subdivisions.

(1) Permit required: Yes.

(2) Type of sign permitted: Ground sign.

(3) Number: One ground sign shall be permitted at each entrance to a recorded, platted residential subdivision.

(4) Maximum sign area: 32 square feet.

(5) Maximum ground sign height: Six feet.

(6) Location: Shall be a minimum of ten feet from the street right-of-way and a minimum of ten feet from the leading edge of the driveway.

(7) Permitted materials: The sign materials shall be constructed of materials which blend with the residential character of the neighborhood including but not limited to wood, metal, or masonry.

(8) Illumination: Halo-lit or externally lit.

(9) Landscaping: An area equal to three times the area of the sign face shall be required for base landscaping around a ground sign. The landscape area will radiate out a minimum of five feet from the base of the sign shall be provided and shall be planted in such a way to substantially cover the area with landscape materials such as, but not limited to annuals, ground covers, perennials, shrubs, and ornamental trees. A mixture of plant types is required.

(10) Alternate signage:

(a) Neighborhood signs - masonry pillars marking the entrance into an individual neighborhood within a larger subdivision. There may be either a single pillar or a pillar on either side of the street at the entrance to the smaller neighborhood. The masonry pillar may not exceed five feet in height, shall have a sign face not exceeding four square feet in size. Any lighting must be external, and the lighting must be directed narrowly at the sign face, and may not shine onto any adjacent property or rights-of-way.

(b) The sign located along a thoroughfare road may include a signature monument that does not exceed a height of 12 feet. The signature monument shall be designed to enhance the identity of the community. All features on the signature monument above six feet in height shall be only architectural elements of the signature monument and shall not include any identification, description, display, or illustration of the sign.

(1) Permit required: Yes.

(2) Type of sign permitted: Ground sign and wall sign.

(3) Number: One wall sign on the primary building per street frontage. One ground sign per street frontage for lots with a minimum of 100 feet in width and the building or structure shall be setback a minimum of 35 feet from the adjacent street right-of-way.

(4) Maximum sign area.

(a) Ground sign: 32 square feet.

(b) Wall sign shall not exceed 20% of the signable wall area, unless windows, doors, awnings and other architectural details make up more than 50% of the building face in which the sign size may increase to 40% of the signable area.

(5) Maximum ground sign height: Six feet.

(6) Location: Shall be a minimum of ten feet from the street right-of-way and a minimum of ten feet from the leading edge of the driveway. The sign shall be separated from another ground sign located on the same side of the right-of-way, a minimum distance of 100 linear feet.

(7) Permitted Materials.

(a) Ground sign shall be constructed of materials that blend with the character of the building such as but not limited to wood, metal, or masonry.

(b) Wall sign requires individually mounted channel letters constructed of materials such as wood or metal.

(8) Illumination: Halo-lit or externally lit.

(10) Alternate signage: A maximum of 30% of the total ground sign area may be used for changeable copy.

(D) Single-Tenant Building or Property, Externally Accessed Multi-Tenant Building or Property (individual accesses and not part of an integrated Development).

(1) Permit required: Yes.

(2) Type of sign permitted: Ground sign, wall sign, suspended porch sign, placard sign.

(3) Number and Type.

(a) Single-Tenant Building. One sign per street frontage. One ground sign for lots having a minimum width of 100 feet and a minimum building setback of 35 feet from the adjacent street right-of-way or one wall sign. For structures that were formerly residential structures that have been converted to a business and are located in the "Central Core Map" illustrated in Appendix G of the Unified Development Ordinance; the owner may choose to install a suspended porch sign or a placard sign in lieu of a wall sign. The owner may transfer a permitted sign from one building elevation to another; however, no elevation is permitted two or more of the same sign types on the same frontage.

(b) Externally Accessed Multi-Tenant Building (individual accesses). One wall sign per tenant per street or one ground sign per each street frontage for lots having a minimum width of 100 feet and a minimum building setback of 35 feet from the adjacent street right-of-way with signage space for each tenants provided equally.

(4) Maximum Sign Area.

(a) Ground sign: 45 square feet.

(d) Placard Sign: 16 square feet.

(5) Maximum ground sign height: 5 feet.

(7) Permitted Materials.

(a) Ground Sign. The sign shall be constructed of materials that blend with the character of the building such as but not limited to wood, metal, or masonry. The copy shall be individually mounted channel letters, sandblasted, or etched for the single tenant buildings. Multi-tenant buildings may have tenant identification as panel inserts of wood, plastic, or other similar materials constructed of a single background color for all tenant panels. If a building name is used on the sign, the copy shall be individually mounted channel letters, sandblasted, or etched.

(b) Wall sign requires individually mounted channel letters constructed of materials such as wood, plastic, or metal.

(c) Suspended Porch Sign. The sign shall be constructed of materials that blend with the character of the building such as but not limited to wood or metal.

(d) Placard Sign. The sign shall be constructed of materials that blend with the character of the building such as but not limited to wood or metal.

(8) Illumination: Halo-lit, internally or externally lit.

(9) Landscaping: An area equal to three times the area of the sign face shall be required for base landscaping around a ground sign. The landscape area will radiate out a minimum of five feet from the base of the sign, shall be provided and shall be planted in such a way to substantially cover the area with landscape materials such as, but not limited to, annuals, ground covers, perennials, shrubs, and ornamental trees. A mixture of plant types is required.

(10) Alternate signage: Awning or canopy signage may be used in lieu of wall signage. Signage shall be a maximum of 20% of the awning/canopy area. A projecting sign may be used in lieu of wall signage not exceeding 15 square feet in area. A maximum of 30% of the total ground sign area may be used for changeable copy.

(E) Internally Accessed Multi-Tenant Building.

(1) Permit required: Yes.

(2) Type of sign permitted: Ground sign and wall sign.

(3) Number and type: One wall sign per street frontage identifying the building and one ground sign per street frontage for lots with a minimum of 100 feet in width and a building setback of a minimum of 35 feet from the adjacent street right-of-way.

(4) Maximum Sign Area.

(a) Ground sign: See table.

(5) Maximum ground sign height: See table.

(7) Permitted Materials.

(a) Ground Sign. The sign shall be constructed of materials that blend with the character of the building such as but not limited to wood, metal, or masonry. The copy shall be individually mounted channel letters, sandblasted, or etched for the identifying building name. Tenant identification may be panel inserts of plastic, wood, or other similar materials, constructed of a single background color and limited to one color for all copy. Logos are excluded from the color requirement.

(b) Wall sign requires individually mounted channel letters constructed of materials such as wood, plastic, or metal.

(8) Illumination: Halo-lit, internally or externally lit.

(10) Alternate signage: A maximum of 30% of the total sign area may be used for changeable copy.

(F) Integrated Development.

(1) Permit required: Yes (permits required for individual panel inserts in designation sign).

(2) Type of sign permitted: Designation sign and wall sign.

(3) Number and Type.

(a) One designation sign permitted per each street frontage external to the development including a minimum of 300 feet of frontage and an established building setback of a minimum of 60 feet.

(b) Single-Tenant Building, Externally Accessed Multi-Tenant Building (individual accesses). One wall sign per street frontage per tenant. The owner may transfer a permitted sign from one building elevation to another; however, no elevation is permitted two wall signs on the same frontage.

(c) Internally Accessed Multi-Tenant Building. One wall sign identifying the building per public/private street frontage. The owner may transfer a permitted sign from one building elevation to another; however, no elevation is permitted two wall signs on the same frontage.

(4) Maximum Sign Area.

(a) Designation sign: See table.

(5) Maximum designation sign height: See table.

(6) Location: Shall be a minimum of ten feet from the street right-of-way and a minimum of ten feet from the leading edge of the driveway. The sign shall be separated from another designation sign a minimum of 300 feet on the same street frontage. Designation signs that have been split into two signs shall be separated a minimum of 700 feet including another development’s designation sign.

(7) Permitted Materials.

(a) Designation Sign. The sign shall be constructed of materials that blend with the character of the building such as but not limited to wood, metal, or masonry. Panel inserts within the designation sign, displaying tenant names may be constructed of plastic. A single color for the background panel inserts must be maintained for the entire sign. The development name and the City of Noblesville’s name shall be individually mounted channel letters, sandblasted, or etched.

(b) Wall sign requires individually mounted channel letters constructed of materials such as wood, plastic, or metal.

(8) Illumination: Halo-lit, internally or externally lit.

(9) Landscaping: An area equal to three times the area of the sign face shall be required for base landscaping around a ground sign. The landscape area will radiate out a minimum of five feet from the base of the sign, shall be provided and shall be planted in such a way to substantially cover the area with landscape materials such as, but not limited to, annuals, ground covers, perennials, shrubs, and ornamental trees. A mixture of plant types is required.

(10) Alternate signage: Awning or canopy signage may be used in lieu of wall signage. An awning/canopy sign is permitted a maximum of 20% of the signable area. Sites with more than two multi-tenant buildings may be permitted one directory sign per street frontage per building.

(G) Downtown Noblesville. This section applies to real estate located within the Downtown Zoning District as per the Zoning Map.

(1) Permit required: Yes. An encroachment permit is also required for projecting, awning, canopy, marquee, blade, and sandwich board signs, if encroaching over or into the right-of-way.

(2) Type of sign permitted: Wall, projecting, awning, canopy, marquee, blade, window and sandwich board signs.

(3) Number and Type.

(a) Single-Tenant Building.

(1) One wall, projecting, awning, canopy, window or marquee sign per street frontage or public parking lot and/or one blade sign per street frontage.

(2) One sandwich board sign.

(b) Multi-Tenant, Multi-Level Building.

(1) Ground Floor Tenant.

A. One wall, projecting, awning, canopy, window, or marquee sign per street frontage.

B. One blade sign per street frontage.

C. One sandwich board sign.

(2) Tenant Above the Ground Floor.

A. One blade sign at the ground floor entrance and/or one window sign in window above ground floor.

B. One wall sign per tenant located above the windows on the top floor and the below the roof line of the building.

1. All signage for tenants above the ground floor shall be grouped within the same one-third (1/3) of the area available above the windows on the top floor and below the roof line of the building.

2. Design of the sign(s) shall use consistent sign types, colors, and materials.

3. Such sign(s) shall be centered vertically in the area the sign is installed.

4. The owner of the building shall show locations for other possible future tenant signs upon submittal of the first sign permit.

(4) Maximum Sign Area.

(a) Awning sign: 20% of awning area.

(b) Canopy sign: 20% of canopy area.

(d) Blade sign: Four square feet.

(e) Projecting sign: 15 square feet.

(f) Sandwich board: Six square feet. Two feet in width and three feet in height.

(g) Wall sign: Sign shall not exceed 20% of the signable wall area, unless windows, doors, awnings and other architectural details make up more than 50% of the building face in which the sign size may increase to 40% of the signable area.

(h) Window sign:

1. Ground floor tenants: 15% of the total window area.

2. Second floor and above tenants: 20% of the total window area on floor in which the use is located. For the tenant having an entrance to the use on the street/alley facade, a sign is permitted on the door not to exceed 20% of the total window area of the door.

(5) Maximum sandwich board sign height: Three feet.

(6) Location: Sign shall not obscure significant architectural features of the building.

(a) Awning sign: May extend to within one foot of the vertical plane of the curb and must maintain a minimum clearance of eight feet above the public right of way.

(b) Canopy sign: May extend to within one foot of the vertical plane of the curb and must maintain a minimum clearance of eight feet above the public right of way.

(c) Marquee sign: May extend to within one foot of the vertical plane of the curb and must maintain a minimum clearance of eight feet above the public right of way.

(d) Blade sign: Permitted at ground floor locations. May extend to within one foot of the vertical plane of the curb and must maintain a minimum clearance of eight feet above the public right of way.

(e) Projecting sign: Must maintain a minimum clearance of eight feet above the public right-of-way and may extend to within one foot of the vertical plane of the street curb. Must maintain a separation of at least 30 feet from another projecting sign.

(f) Sandwich board: Refer to City Code Chapter 94 and the “sandwich board” section of this subchapter.

(g) Wall sign. An activity on the first floor shall not construct the wall sign above the window sill of the second story. A wall sign may not exceed two-thirds of the distance between the top of the lower window and the sill of the upper window.

(h) Window sign: 15% of the total window area and are considered secondary signs.

(7) Permitted Materials.

(a) Awning sign: Canvas or cloth, no reflective or glossy materials or illuminated plastic.

(b) Canopy sign: Canvas or cloth, no reflective or glossy materials or illuminated plastic.

(d) Blade sign: Wood or metal (matching architectural features of building).

(e) Projecting sign: Wood or metal (matching architectural features of building).

(f) Sandwich board: Wood, chalkboard, or finished metal.

(g) Wall sign: Wood, metal, or mural (matching architectural features of building).

(h) Window sign: Vinyl, gold leaf, or substantially similar materials.

(8) Illumination: Halo-lit or externally lit.

(9) Landscaping: N/A.

(10) Alternate signage: A directory wall sign.

(Ord. 23-4-07, passed 5-15-07; Am. Ord. 56-11-07, passed 12-11-07; Am. Ord. 10-3-09, passed 4-14-09; Am. Ord. 17-5-09, passed 6-9-09; Am. Ord. 41-9-09, passed 10-13-09; Am. Ord. 25-7-10, passed 8-24-10; Am. Ord. 31-9-10, passed 9-28-10; Am. Ord. 12-2-11, passed 3-15-11; Am. Ord. 10-03-13, passed 4-9-13; Am. Ord. 24-07-13, passed 8-13-13; Am. Ord. 13-02-14, passed 3-11-14; Am. Ord. 17-04-14, passed 5-13-14; Am. Ord. 37-08-14, passed 9-9-14; Am. Ord. 25-07-17, passed 8-15-17; Am. Ord. 32-07-19, passed 7-23-19)

§ 159.167 TEMPORARY SIGNS.

(A) A sign permit is not required for the following:

(1) Real Estate Availability Signs.

(a) Permit required: No.

(b) One sign per each street frontage or public off-street parking area. Such signs may only be placed on the premises of the property for sale.

(c) For real estate under five acres, the sign must be set back at least five feet from the edge of the right-of-way, shall not exceed six square feet in size and four feet in height. These signs are located in all zone districts and on a local classified street.

(d) For real estate less than five acres located on a collector, arterial, highway, or expressway of classified streets, said street having a minimum speed limit of 45 m.p.h., the sign shall be setback ten feet from the right-of-way, shall not exceed 32 square feet in size, and a maximum height of eight feet. If the property is on a limited access highway, the setback of the sign shall be at the property line adjacent to the limited access highway; but not located in the right-of-way.

(e) For real estate more than five acres, the sign shall be set back a minimum of ten feet from the edge of the right-of-way, shall not exceed 32 square feet in size, and no more than eight feet in height. If the property is on a limited access highway, the setback of the sign shall be at the property line adjacent to the limited access highway, but not in the right-of-way.

(2) Yard signs (Residentially zoned property). Yard signs located on private property that meet the following requirements are permitted.

(a) Permit required: No.

(b) Shall not obstruct the line of sight of any operator of a vehicle.

(d) Shall be owned and maintain by the owner or tenant in possession of the real estate on which it is located.

(e) Shall not exceed six square feet in size.

(f) Shall be wall mounted or ground installed. Ground signs shall be a maximum of 42 inches in height.

(g) Shall be limited to no more than two on a property.

(h) For a period of time starting 60 days before an election and ending at the beginning of the sixth day after the election, the regulations of I.C. 36-1-3-11 shall apply relating to the maximum size of the sign. During this time period, no sign shall be taller than six feet in height, but the maximum number of signs per property shall not apply.

(3) Yard signs (non-residentially zoned property). Yard signs located on private property that meet the following requirements are permitted subject to the regulations listed below.

(a) Permit required: No.

(b) Shall not obstruct the line of sight of any operator of a vehicle.

(d) Shall be owned and maintain by the owner or tenant in possession of the real estate on which it is located.

(e) Shall not exceed six square feet in size.

(f) Shall be ground installed. Ground signs shall be a maximum of 42 inches in height.

(g) Shall be limited to no more than two on a property, and may be displayed on the property for a maximum of 60 days per calendar year.

(B) The following temporary signs require a sign permit:

(1) Human portable sign. (effective 12-10-10)

(a) Permit required: Yes.

(b) Maximum sign: Two feet width, three square feet total.

(c) Maximum Number: One per person at any one time. Shall not hold more than one portable sign contiguous to another portable sign to effectively increase the square footage of the sign.

(d) No person shall hold or extend the sign over or into a public street.

(e) No person while carrying or displaying a sign shall impede a sidewalk, multi-use path, driveway, or other access to public property that restricts the use of the walkway, or access point by the general public or a continuous landowner.

(f) No person shall display a portable sign in a “residential area” before 7:00 a.m. or sunrise, whichever is later; or after 7:00 p.m. or sunset, whichever is earlier, based on the time of sunrise or sunset as published by the National Weather Service at the Indianapolis International Airport.

(g) Applies to both commercial signs and signs containing political or other protected free speech information.

(h) Should the sign contain “commercial speech”, it may be displayed for a maximum of 28 days during a calendar year.

(2) Banners for Non-Residential Uses.

(a) Permit required: Yes.

(b) A temporary banner may be displayed for special events. Such banners shall be displayed a maximum of 30 days per special event. Each business may display a temporary banner for up to 60 days per calendar year, but there must be a minimum of 60 days separating the installation of the banners for the special events. The total allotted time may be subdivided into a banner four times a year for a minimum of seven days each.

(c) Such signs shall be limited to a maximum of 32 square feet in size and must be located on the premises of the business for which it advertises.

(d) An application for a permit must be submitted one week prior to the installation of the banner on the premises.

(e) Banners shall not be illuminated.

(f) Banners for multi-tenant buildings, multi-buildings on a single parcel, and integrated developments shall have a maximum of two banners for separate uses on the premises at any single time.

(g) Banners are prohibited in the Core Central Business District.

(h) No more than one temporary banner may be displayed at a time.

(3) Lighter-than-air Displays for Commercial Uses.

(a) Permit required: Yes.

(b) Lighter-than-air displays shall be affixed to the ground on the property of the business erecting the display and shall be permitted a maximum of 14 days during a calendar year.

(d) An application for a permit must be submitted one week prior to the display being installed on the premises of the business for which it advertises.

(e) Displays shall not be illuminated.

(f) Such displays shall not be permitted on building rooftops.

(g) Displays for multi-tenant buildings, multi-buildings on a single parcel, and integrated developments shall have a maximum of two displays for separate uses on the premises at any single time.

(4) Construction Signs.

(a) Permit required: Yes.

(b) Each construction site under construction shall be permitted one sign per street frontage. Each subdivision under construction shall be permitted one sign per subdivision entrance.

(d) No two subdivision construction signs shall be placed within 1,000 linear feet of each other.

(e) Prior to the issuance of the Final Certificate of Occupancy, the construction sign shall be removed from the site.

(f) The sign(s) shall be placed on the site upon receipt of an Improvement Location Permit and the issuance of a Temporary Sign Permit.

(g) Minimum setback ten feet from the edge of right-of-way.

(5) Neighborhood Information Signs.

(a) Permit required: Yes. (no fee)

(b) Sign boards, yard cards, or banners placed on HOA property or sign easement shall not exceed 20 square feet in size and five feet in height. The sign shall be located in the subdivision or real estate where the event is to occur. If the sign is located in the median of the street at the entrance to the subdivision, an encroachment permit and fee are required prior to the placement of said sign.

(c) Sign boards, yard cards, yard signs, or banners shall be permitted a maximum of two times during a calendar year. The sign may be installed seven days prior to the event and removed the last day of the event, not exceeding a maximum of 20 days per calendar year.

(d) An application for a permit must be submitted one week prior to the installation of the sign on the premises including a site plan indicating the location(s) of the sign(s).

(e) No additional embellishments are allowed, including and not limited to balloons, flags, and pendants.

(f) Signs shall not be illuminated.

(g) Shall not be located in the public right-of-way.

(h) Single sign permit for all entrance locations within the subdivision.

(Ord. 62-12-95, passed 1-22-96; Am. Ord. 44-11-97, passed 12-8-97; Am. Ord. 55-11-01, passed 12-11-01; Am. Ord. 42-5-05, passed 6-14-05; Am. Ord. 48-6-05, passed 7-12-05; Am. Ord. 23-4-07, passed 5-15-07; Am. Ord. 17-5-09, passed 6-9-09; Am. Ord. 23-6-09, passed 6-23-09; Am. Ord. 41-9-09, passed 10-13-09; Am. Ord. 25-7-10, passed 8-24-10; Am. Ord. 30-9-10, passed 9-28-10; Am. Ord. 31-9-10, passed 9-28-10; Am. Ord. 12-2-11, passed 3-15-11; Am. Ord. 13-3-11, passed 3-15-11; Am. Ord. 10-03-13, passed 4-9-13; Am. Ord. 24-07-13, passed 8-13-13; Am. Ord. 37-08-14, passed 9-9-14; Am. Ord. 25-04-15, passed 5-12-15; Am. Ord. 53-10-15, passed 11-10-15; Am. Ord. 46-07-16, passed 8-9-16; Am. Ord. 32-07-19, passed 7-23-19) Penalty, see § 159.999

§ 159.168 MISCELLANEOUS SIGNS.

(A) Accessory Signs.

(1) Permit required: No.

(2) Window signs located on the front glass of the building shall not exceed one square foot.

(3) Matter appearing on gasoline pumps including credit card information, fuel information, and/or other similar matter is permitted if less than three inches in height. A decal less than one square foot in size that includes the business name or business logo may be placed at each fueling station. All advertisement posters and paraphernalia are prohibited.

(4) Matter appearing on automatic teller machines (ATM), including credit card information, bank network information, business name, business logo and/or other similar matter is permitted if less than three inches in height. All advertisement posters and paraphernalia are prohibited. All free standing ATMs shall follow the permanent sign regulations applicable to the location of the machine.

(5) Newspaper vending boxes, DVD/CD vending boxes, soda machines, and other similar vending boxes.

(B) Model Home/Sales Office Signs.

(1) Permit required: Yes.

(2) Signs shall be located inside the subdivision under construction outside of the public right-of-way.

(3) Each sales office or model home may have one sign for each use not to exceed six square feet.

(4) Each subdivision’s home builders shall be permitted a directional sign beyond that already allowed by this chapter. Said sign shall be both incidental and necessary for the sale, rental, or lease of real property in the zone district. This sign shall be a maximum of four square feet in size and shall be required to be located inside the subdivision under construction. The sign shall not be located within the right-of-way. If multiple builders are located within the same subdivision, and each has a model home(s) in different locations of the subdivision, each would be permitted a single directional sign. No company and/or business names or logos are permitted on the directional signs.

(5) No flags, banners, or other portable signs shall be permitted.

(1) Permit required: Yes.

(2) As ground signs shall not exceed four feet in height and 16 square feet in size and shall be located internal to the site and not legible from adjacent real estate or streets.

(3) As wall signs shall not exceed eight square feet.

(4) As projecting signs shall clear the sidewalks by a minimum of eight feet in height and may project no more than four feet from the building or one-third the width of the sidewalk, whichever is more.

(D) Directional Signs.

(1) Permit required: Yes.

(2) Shall not exceed four square feet in size or four feet in height.

(3) Shall not contain any logos, business names, or other copy that denotes the business for which it serves.

(E) Electronic Signs.

(1) Permit required: Yes.

(2) Shall only be used as a permanent on-premise ground sign and shall maintain the same size, height, and items of information restrictions as a non-electronic sign.

(3) Shall not be located closer than 1,320 feet to any other electronic sign on the same street frontage as measured from the center of the sign structure.

(4) Any portion of the sign message shall remain stationary for a minimum of ten seconds. No portion of the message shall flash, scroll, twirl, change color, fade in or out, have transitional elements between copy changes, or in any manner imitate movement at any time.

(5) Shall display only those services to the site it is serving.

(6) The electronic portion of a designation or ground sign shall be limited to a maximum of 30% of the overall sign area.

(7) The sign shall be factory certified not to exceed a maximum illumination of 5,000 NITS (candelas per square meter) during daylight hours and must be dimmed automatically 30 minutes after sunset and before sunrise to maintain a maximum illumination of 5,000 NITS as measured from the sign’s face at maximum brightness.

(8) A default mechanism shall freeze the sign in one portion or static message if a malfunction occurs.

(9) These signs are not permitted in the DT (Downtown Zoning District) except for time and temperature signs.

(10) These signs shall be full color (RGB electronic LED or Tri-color electronic LED excluding time and temperature signs.

(F) Sandwich Board Signs located in the "DT" Downtown Zoning District.

(1) Permit required: Yes. An encroachment permit is also required prior to the issuance of the sign permit if located in public right-of-way.

(2) Sign placement must meet all encroachment requirements as detailed in City Code Chapter 94.

(3) Signs shall be removed from the outside location at the end of each business day.

(4) A ballast weighing a minimum of ten pounds and colored solid black shall be installed at the base or hang internally from the A- Frame of the sandwich board sign to ensure stability in windy conditions.

(5) More than two violations of the provisions of the regulations governing these sign types in any one calendar year shall result in the termination of the sign permit for the sandwich board and require removal of the sandwich board. A new sandwich board sign shall not be permitted for the business for a minimum of 12 months from the date of the sign permit revocation.

(6) Maximum size: 24 inches by 36 inches.

(7) Maximum height: Three feet.

(8) Materials: Hardwood, chalk, or finished metal A-Frame.

(G) Sandwich Board Located in the “LB” Local Business, “GB” General Business, or “PB” Planned Business Zoning Districts.

(1) Permit required: Yes.

(2) Signs shall not located in the right-of-way.

(3) Signs shall be removed from the outside location at the end of each business day.

(4) A ballast weighing a minimum of ten pounds and colored solid black shall be installed at the base or hanging internally from the A- Frame of the sandwich board sign to ensure stability in windy conditions.

(5) Maximum size: 24 inches by 36 inches.

(6) Maximum height: Three feet.

(7) Permitted materials: Hardwood, steel, vinyl-clad, poly- plastic A-Frames and other similar materials.

(H) Canopy over stacking lane(s).

(1) Permit required: Yes

(2) One sign is permitted over each stacking lane.

(3) Each sign shall not exceed 75% of the height of the canopy and 25% of the width of the stacking lane.

(4) Signs may be internally illuminated or have LED components.

(I) Original Art Mural.

(1) Permit required: No. No permit is required, but the mural must be reviewed by the Department of Planning to ensure that it is not a mural sign. Once that sign off is received, the applicant will be given a form to take to Nickel Plate Arts. The Nickel Plate Arts Public Art Committee will then review the proposal and complete the form provided. A copy of the completed form will be returned to the Department of Planning upon completion. No sign permit is required as long as the mural meets the regulations below.

(2) Original art murals shall be permitted only with the Central Core illustrated in Appendix G.

(3) The original art mural shall be permitted only on the flat planes of walls.

(4) The original art mural shall not be painted on or affixed to obscure architectural features such as windows, doors, pilasters, cornices, or other building recessed or projecting features.

(5) The original art mural shall not include a commercial message.

(6) The dimensions of the original art mural shall stay within the original dimensions of the wall on which the mural is being painted or affixed.

(Ord. 17-5-09, passed 6-9-09; Am. Ord. 23-6-09, passed 6-9-09; Am. Ord. 41-9-09, passed 10-13-09; Am. Ord. 31-9-10, passed 9-28-10; Am. Ord. 12-2-11, passed 3-15-11; Am. Ord. 32-10-11, passed 11-15-11; Am. Ord. 32-07-19, passed 7-23-19)

§ 159.169 EXEMPT SIGNS.

The following signs are subject only to the regulations of this subchapter:

(A) Government signs and legal notices.

(B) Memorial plaques and cornerstones and governmental historical markers.

(D) Flags - not to exceed a total of four flags on a property.

(E) Nameplates that do not exceed two square feet in size and are permanently affixed upon a building or structure.

(F) Address numbers.

(G) Public information signs identifying telephones, restrooms, and similar facilities. Advertising copy is not permitted on these signs.

(H) Menu sign.

(I) Traffic control and government information signs.

(J) Letters or numbers less than three inches in height, if a part of a wall sign or window sign.

(K) Letters less than 19 inches in height carved into or securely attached in such a manner that they are an architectural detail of a building, provided they are not illuminated apart from the building, are not made of reflective material, and are the same color as the building, and does not exceed one inch in thickness.

(L) Incidental signs.

(M) A sign that does not advertise or identify goods, a service, or an enterprise and which is provided solely for the convenience or education of the public. This type of sign may include a building's date of construction, a monument citation, commemorative inscription, or similar historic information.

(Ord. 62-12-95, passed 1-22-96; Am. Ord. 11-4-97, passed 5-12-97; Am. Ord. 5-2-02, passed 3-12-02; Am. Ord. 23-4-07, passed 5-15-07; Am. Ord. 17-5-09, passed 6-9-09; Am. Ord. 23-6-09, passed 6-23-09; Am. Ord. 37-08-14, passed 9-9-14; Am. Ord. 32-07-19, passed 7-23-19) Penalty, see § 159.999

§ 159.170 PROHIBITED SIGNS.

(A) Signs which by color, location, or design resemble or conflict with traffic control signs or signals, or obstruct the view of an intersection of a street or highway with a railroad crossing, or which are located upon, over or in any street right-of-way.

(B) Signs attached to light poles or standards.

(D) Signs which advertise activity, business, project, or service no longer conducted on the premises upon which the sign is located within six months of the end of the business activity. The Department of Planning and Development shall notify the property owner of this requirement approximately three months after the most recent business activity has ended.

(E) Signs that give the appearance of movement such as undulation, swinging, rotation, or oscillation by natural or artificial means including pennants, feather banners, streamers, strings of light bulbs, spinners, or other similar devices, except as permitted by this subchapter.

(F) Signs containing running lights give the illusion of movement or have moving parts except for barber poles. Electronic signs or lighting that flashes, scrolls, twirls, changes color, fades in or out, has transitional elements between copy changes, or in any manner imitates movement at any time.

(G) Roof signs.

(H) Off-premise signs, except as provided in this subchapter for temporary signs.

(I) Signs placed on vehicles or trailers which are parked or located for the primary purpose of displaying said sign.

(J) Motor vehicles whose apparent primary purpose is to advertise business. Motor vehicles engaged in the cartage or goods or the transport of passengers are exempt form this restriction.

(K) Inflatable images such as balloons, beer cans, gorillas, bunny, etc., except as provided § 159.167.

(L) Pole signs.

(M) Cabinet signs except as authorized elsewhere in this subchapter.

(N) External neon lighting or LED lighting either used as a part of a sign or distributed around a building or structure.

(O) Signs with decorative backers.

(P) Signs displayed for pay or other compensation.

(Q) Signs located within the public right-of-way (except traffic control and government information signs).

(R) Weekend directional signs.

(S) Window signs are prohibited except those areas located in the Downtown (DT) Zoning District.

(T) Signs more than 25 feet in height.

(U) Signs placed on private or public property without the consent of the owner, owner's representative, holder, lessee, trustee, or other party controlling the use of such property.

(V) Signs painted on, attached to, or maintained upon trees, rocks, or other natural features.

(Ord. 62-12-95, passed 1-22-96; Am. Ord. 5-2-02, passed 3-12-02; Am. Ord. 23-4-07, passed 5-15-07; Am. Ord. 56-11-07, passed 12-11-07; Am. Ord. 17-5-09, passed 6-9-09; Am. Ord. 31-9-10, passed 9-28-10; Am. Ord. 37-08-14, passed 9-9-14; Am. Ord. 32-07-19, passed 7-23-19) Penalty, see § 159.999

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

Hosted by: American Legal Publishing

Back to Code Library

Previous Doc

Next Doc