§ 152.02 SIGNS.
   (A)   Purpose. The purpose of this section is to promote and protect the public health, welfare, and safety by regulating existing and proposed signs. It is intended to create a more attractive economic and business climate, enhance and protect the physical appearance and historic character of the community, and provide a more enjoyable and pleasing community, and to permit and regulate signs in such a way as to support and complement land use objectives set forth in the purpose of the Zoning Ordinance.
   (B)   Applicability; effect.
      (1)   A sign may be erected, placed, established, painted, created, or maintained in the City only in conformance with the standards, procedures, exemptions, and other requirements of the Zoning Ordinance.
      (2)   The effect of the Zoning Ordinance, as more specifically set forth herein, is:
         (a)   To allow for appropriate sign uses;
         (b)   To allow certain signs that are small, unobtrusive, and incidental to the principal use of the respective lots on which they are located, subject to the substantive requirements of the Zoning
Ordinance, but without a requirement for permits; and
         (c)   To provide for the enforcement of the provisions of the Zoning Ordinance.
   (C)   Signage definitions.
   ABANDONED SIGN. A sign which no longer identifies or advertises a bona fide business, lessor, service, owner, product, or activity and/or for which no legal owner can be found.
   ANIMATED SIGN. Any sign that uses movement or change of lighting to depict action or create a special effect or scene. Excluded from electronic message sign.
   BANNER. Any sign of lightweight fabric or similar material that is permanently mounted to a pole or a building by a permanent frame at one or more edges. National, state or Township flags shall not be considered banners. All banners shall be considered temporary signage.
   BEACON. Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same lot as the light source; also, any light with one or more beams that rotate or move.
   BILLBOARD. A sign which directs attention to a business, use, service, activity, commodity, or profession which is not conducted, sold, or offered upon the same lot where such sign is located.
   BUILDING MARKER. Any sign indicating the name of a building and date and incidental information about its construction, which sign is cut into a masonry surface or made of bronze or similar permanent material.
   BULLETIN BOARD SIGN. Any sign or structure located on the property of a public, institutional, religious or charitable organization which is used to identify the name of the institution or organization and to announce their activities.
   CANOPY SIGN. Any sign that is a part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area. A marquee is not a canopy.
   CHANGEABLE COPY SIGN. A sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. 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 the purpose of the Zoning Resolution.
   CLEARVIEW ZONE. A triangular area of clear vision free of any obstructions where two driveways, alleys and/or streets intersect. Nothing shall be erected, placed, planted or allowed to grow in such a manner as to impede vision between a height of three (3) feet and eight (8) feet above the ground surface of the driveway, alley and/or street included within this triangular area as defined in this section.
   COMMERCIAL MESSAGE. Any sign, wording, logo, other representation that, directly or indirectly, names, advertises or calls attention to a business, produce service or other commercial activity.
   CONSTRUCTION SIGN. A sign representing a construction company on the site of a project. This includes signs representing plumbers, electricians, carpenters, heavy equipment or other companies in the construction or restoring business, on any property where their services are being rendered.
   DEVELOPMENT SIGN. A sign which, by symbol or name, identifies a subdivision or residential development, a shopping center, or retail development.
   DIRECTIONAL OR INFORMATIONAL SIGN. Any sign which serves solely to provide special information such as direction, entrance/exit, parking and which does not include business names, brand names or information regarding product lines or service.
   DOUBLE-FACED SIGN. A sign with two faces.
   ELECTRONIC MESSAGE BOARD. Any sign that incorporates the use of lights, neon, liquid crystal display, TV screen, or other lighting devices that displays a message or pattern to be viewed by groups of people.
   ERECT. To build, construct, attach, hang, place, suspend or affix, and shall also include the painting of signs directly upon wall surfaces.
   FACE. Any visible side of a sign. One sign can have multiple faces.
   FLAG. Any fabric, or bunting containing distinctive colors, patterns, or symbol of government, or political subdivision.
   FLASHING SIGN. Any sign which contains an intermittent or flashing light source, or which includes the illusion of flashing or intermittent light by means of animation or an externally-mounted intermittent light source.
   FREE-STANDING SIGN. A sign which is supported by one or more columns, or other type base, in or upon the ground.
      (1)   GROUND-MOUNTED FREE- STANDING SIGN. Any free-standing sign, other than a pole mounted sign, independently supported by the ground or mounted on a decorative wall or fence.
      (2)   POLE/PYLON-MOUNTED FREE- STANDING SIGN. A sign mounted on free-standing pole, pylon or other similar support.
   IDENTIFICATION. A sign indicating the name and/or address of a building, institution, or person and/or the activity or occupation being identified.
   ILLEGAL SIGN. A sign which does not meet the requirements of this section and which has not received legal non-conforming status.
   ILLUMINATED SIGN. A sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign.
   INCIDENTAL SIGN. A sign, generally informational, that has a purpose secondary to the use of the lot on which it is located, such as “no parking,” “entrance,” “loading only,” “telephone,” a credit card sign, or a sign indicating hours of business or other similar directives.
   INFORMATIONAL SIGN. See “Directional Sign.”
   MAINTENANCE. For the purposes of this sec- tion, the cleaning, painting, repair, or replacement on defective parts of a sign in a manner that does not alter the basic copy, design, or structure of the sign.
   MANSARD SIGN. See Roof Sign, Integral.
   MARQUEE SIGN. Any sign attached to, in any manner or made part of a marquee, defined as: any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather.
   MENU BOARD. Any sign used to aid a patron in ordering services from a business from the outside.
   NAME PLATE. Sign used to identify a person's residence, and/or the name, address and/or title of the owner, renter or lessee of the premises on which the sign is located.
   NONCONFORMANCE SIGN.
      (1)   A sign which was erected legally but which does not comply with subsequently enacted sign restrictions and regulations.
      (2)   A sign which does not conform to the sign requirements but for which a special permit has been issued.
   OCCUPANCY. The portion of a building or premises owned, leased, rented, or otherwise occupied for a given use.
   OWNER. A person recorded as such on official records. For the purpose of this section, the owner of property on which a sign is located is presumed to be the owner of the sign unless facts to the contrary are officially recorded or otherwise brought to the attention of the Zoning Inspector, e.g., a sign leased from a sign company.
   PARAPET. The extension of a false front or wall above a roofline.
   PENNANT. Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in a series, designed to move in the wind. A PENNANT is a temporary sign.
   POLITICAL SIGN. A sign which announces the candidacy of a person or slate of persons running for elective office, or a political party or issue.
   PORTABLE SIGN. Any sign 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 means of wheels; signs converted to A- or T-frames; menu and sandwich board signs; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the business.
   PROFESSIONAL SIGN. A non-advertising sign used to identify an individual's profession or occupation (Engineer, Notary, Doctor, etc.).
   PROJECTING SIGN. Any sign affixed to a building or wail in such a manner that its leading edge extends more than six inches beyond the surface of such building or wall.
   PYLON/POLE SIGN. Any elevated sign that is supported by one or more poles or pylons placed in or anchored in the ground independent of any other structure.
   REAL ESTATE SIGN, COMMERCIAL. Any sign located in a district zoned for nonresidential uses that has the sole purpose of advertising the sale of a lot or nonresidential building. These are considered temporary signs.
   REAL ESTATE SIGN, RESIDENTIAL. Any sign located in a district zoned for residential uses that has the sole purpose of advertising the sale of a lot or home. These are considered temporary signs.
   ROOFLINE. The top edge of a roof or building parapet, whichever is higher, excluding any cupolas, pylons, chimneys, or minor projections.
   ROOF SIGN. Any sign erected and constructed wholly on or above the roof of a building, and supported by the roof structure, and extending vertically above the highest portion of the roof.
   ROOF SIGN, INTEGRAL. Any sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design, such that no part of the sign extends vertically above the highest portion of the roof and such that no part of the sign is separated from the rest of the roof. This definition includes signs erected on the mansard area of a roof.
   SEASONAL. Word used to describe the amount of time to distinguish between the four seasons or holidays associated with certain times of the year associated with holidays.
   SETBACK. The distance from the property line to the nearest part of the applicable building, structure, or sign, measured perpendicular to the property line.
   SIGN. Any single or multifaced fabricated sign including its structure, consisting of any letter, graphic logo, figure, character, mark, point, plane, marquee sign, design, poster, pictorial stroke, stripe line, trademark, reading matter, or illuminating device, constructed, attached, erected, fastened, or manufactured in any manner so as to advertise, promote, identify, or locate any place, subject, person, firm, corporation, public performance, article, or machine whatsoever, and displayed in any manner in view of the general public.
   SIGN STRUCTURE. Any structure which supports, has supported or is capable of supporting a sign, including decorative cover.
   STREAMER. A ribbon-shaped or cord rope which may have pennants and/or banners attached which is stretched or hung between two or more supports.
   SUBDIVISION SIGN. A free-standing or wall sign identifying a recognized subdivision, condominium, complex, or residential development.
   SUSPENDED SIGN. A sign that is suspended from the underside of a horizontal plane surface and is supported by such surface.
   TEMPORARY SIGN. Any sign that is used only temporarily and is not permanently mounted.
   WALL SIGN. Any sign attached to or erected against the wall of a building or structure, and having the exposed face of the sign in a plane parallel to the plane of such wall.
   WINDOW SIGN. Any sign, pictures, symbols, 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.
   (D)   General requirements for all signs and districts. No sign shall be permitted in any district except as hereinafter provided.
      (1)   All signs shall be designed and constructed in conformity to the provisions of the Indiana Basic Building Code and the National Electric Code.
      (2)   A fee in accordance with the schedule of amounts posted in the Building Inspector's Office, as established by the City Council, shall accompany each application for a Zoning Certificate.
      (3)   Any illuminated sign or lighting device shall employ only light emitting a constant intensity, and no sign shall be illuminated by or contain flashing, intermittent, rotating, or moving light or lights. In no event shall an illuminated sign or lighting device be placed or directed so as to permit the beams and illumination therefrom to be directed or beamed upon a public thoroughfare, highway, sidewalk, or adjacent premises so as to cause glare or reflection that may constitute a traffic hazard or nuisance. All light emitting from a sign shall be shielded by a translucent covering.
      (4)   Animated, beacon and roof signs are not permitted by the Zoning Ordinance.
      (5)   No projecting signs shall be erected or maintained from the front or face of a building a distance of more than two (2) feet, including those projecting from the face of any theater, hotel, or motel marquee.
      (6)   No sign shall be placed on the roof of any building, except those integral roof signs whose supporting structure is concealed in such a manner that the sign appears to be a continuation of the face of the building.
      (7)   No portable or temporary sign shall be placed on the front or face of a building or on any premises, except as provided herein.
      (8)   No sign or signs erected or maintained in the window of a building, visible from any public or private street or highway, shall occupy a total of more than 50% of the window surface.
      (9)   No sign of any classification shall be installed, erected or attached in any form, shape or
manner to a fire escape or any door or window giving access to any fire escape or fire exit.
      (10)   All permanent signs hung or erected and all temporary signs shall bear appropriately the permit number and date installed.
      (11)   Should any sign be or become abandoned, unsafe or be in danger of falling, the owner thereof or the person maintaining same, shall upon receipt of written notice from the Building Inspector, proceed at once to put such sign in a safe and secure condition or remove the sign within five (5) days.
      (12)   Bulletin boards and signs for a church, school, community, or other public or semi-public institutional building shall be permitted, provided the area of such bulletin board or sign shall not exceed 25 square feet per side and 50 square feet in overall sign area, and be located not closer than ten feet to any street right-of-way. provided such sign or bulletin board does not obstruct traffic visibility.
      (13)   No business shall use, place, or erect temporary or non-permanent signs except as provided elsewhere in this chapter.
      (14)   Signs shall not obstruct traffic sight lines, traffic sign signals at railroad grade crossings or other safety signs.
      (15)   For corner lots or at points of intersection of ingress/egress drives with a street, signs shall be located in such a way as to be able to maintain a Clearview Zone as defined in this Section.
   (E)   Exempted signs. Except as otherwise provided, the following signs shall not be subject to the provisions of the Zoning Ordinance:
      (1)   Governmental signs for identification and other regulatory purposes, direction and control of vehicular and pedestrian traffic, street signs, warning signs, railroad crossing signs, and signs of public utility for the purpose of identification and public safety.
      (2)   Political signs.
      (3)   Flags, emblems, insignia, and signs of any governmental agency or political subdivision.
      (4)   Signs within a stadium, theatre, building, arena, or other structure, provided that such signs can be viewed only by persons within such stadium, building, arena, or other structure.
   (F)   Prohibited signs. The following types of signs shall not be permitted, erected or maintained in any districts:
      (1)   Mobile signs on wheels, runners, casters, parked vehicles or other mobile devices or any other temporary or non-permanent sign except as provided in this section.
      (2)   Signs which are painted on or attached to any trees, telephone poles, public benches, or streetlights.
      (3)   Roof signs.
      (4)   Abandoned signs or any signs which advertise a business or product no longer existing or sold on the premises.
      (5)   Any sign which, by reason of its size, location, content, coloring or manner of illumination, constitutes a traffic hazard or a detriment to traffic safety by obstructing the vision of driver, or by obstructing, or detracting from the visibility of any traffic sign or control device on public streets and roads.
      (6)   Any sign or sign structure which in the opinion of the Building Inspector is structurally unsafe, or constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation or abandonment.
      (7)   Any signs which make use of words such as “Stop,” “Look,” “Danger,” or any other words, phrases, symbols or characters in such manner as to interfere with, mislead or confuse traffic.
      (8)   Any signs which imitate or resemble official traffic or government signs or signals.
      (9)   Real estate signs displayed at locations other than on the premises offered for sale or rent.
   (G)   Prohibited sign locations. Sign locations shall be in accordance with the particular regulations of this section. Under no circumstances shall a sign (other than those exempted by this Section) be located in a right-of-way or applied to trees, utility poles supporting structures for street signs and other governmental signs, bus shelters, benches, trash receptacles, newspaper vending machines or boxes, or any other portable or temporary supporting device. Trash receptacles, newspaper vending machines and similar devices may contain the identification of the owner of such device.
   (H)   Clearview zone.
      (1)   In order to provide a clear view to the motorist (from the motorist's eye at 3.75 feet above the ground level) there shall be a triangular area of clear vision free of any obstructions where two driveways, alleys and/or streets intersect. The size and configuration of this area shall be a function of street width as shown below.
      (2)   On any portion of a site that lies within the clearview zone triangle described and illustrated, nothing shall be erected, placed, planted or allowed to grow in such a manner as to impede vision between a height of three (3) feet and ten (10) feet above the grade of the driveway, alley and/or street.
      (3)   The triangular area shall be formed by a point at the location of the driver's eye, fifteen (15) feet behind the curb or hedge of roadway, the approaching vehicle, and the potential point of impact. When the cross street has more than two lanes, sight triangles shall be formed using the vehicle in the lane nearest the centerline approaching from the right and the vehicle nearest the curb approaching from the left.
   (I)   Signs permitted in all districts not requiring a zoning certificate. The following types of signs shall be permitted in any zoning district and shall not require a zoning certificate:
      (1)   Permanent signs as follows:
         (a)   Residence Sign. A sign showing the name and/or address only of the occupant of a residential structure shall be-limited in size to 6" x 12", maximum height of one (1) foot, and shall not include designations as to employment or home occupation.
         (b)   Institutional Sign. Bulletin boards and signs for a church, school, community, or other public or semi-public institutional building shall be permitted, provided the area of such bulletin board or sign shall not exceed 25 square feet per side and 50 square feet in overall sign area, shall have a maximum height of five (5) feet, and be located not closer than ten feet to any street right-of-way, provided such sign or bulletin board does not obstruct traffic visibility.
         (c)   Directional and Informational Signs as provided in division (P) of this Section.
      (2)   Temporary Signs as provided in division (R) of this Section.
      (3)   Sale of Personal Property Sign. Signs announcing a garage, yard, porch, or moving sale, or similar events are permitted. Such signs shall be no larger than five (5) square feet per side, shall have a maximum height of four (4) feet, and shall contain the date of the sale for a time period not greater than four (4) days. One sign shall be permitted on the premises of the sale and additional signs not to exceed two (2) in number. shall be permitted to be placed at near by intersections, and shall not be located in a public right-of-way.
      (4)   Real Estate Signs. One unlighted real estate sign not exceeding six (6) square feet in area per side pertaining only to the sale, lease, or rent of a particular building, property or premises upon which the sign is displayed, shall be permitted. Such signs shall have no more than two (2) sides, shall not be located closer than ten (10) feet from any right-of-way, and shall not be greater than four (4) feet high. Such signs shall be removed at the completion of sale, lease, or rental of the property.
      (5)   “For Sale” and “Open for Inspection” Directional Signs. Signs may be used to direct prospective purchasers to houses for sale and/or are open for inspection. Up to four (4) of such directional signs shall be permitted, and shall not be located more than one (1) mile from the nearest street intersection to the subject property. Such signs shall be of flag-type design with one and-one-half (1.5) square feet of sign area per side, with a maximum of two display surfaces, and shall contain the Real Estate Company's name. The maximum sign height permitted shall be four (4) feet from the ground grade. Only one such sign shall be placed on a property with the express permission of the owner, and shall not be located more than ten (10) feet from the right-of-way. Open for inspection directional signs shall not be erected prior than 72 hours before the open for inspection event occurs, and shall be removed at the conclusion of the event.
   (J)   Residential district signs. In a residential district the following signs may be permitted:
      (1)   Signs permitted in division (I) of this Section and not requiring a permit.
      (2)   Subdivision Signs - Temporary as permitted in division (R) of this Section.
      (3)   Subdivision Signs - Permanent: Signs which identify the entrance to a residential development shall be permitted as follows:
         (a)   Each development may have one (1) sign at each major street entrance to the development.
         (b)   Such signs shall be free-standing and ground mounted and part of a decorative wood, brick, stone or masonry wall, or of some similar design compatible with the character of the neighborhood.
         (c)   Each sign shall have a total area not greater than thirty two (32 sq. ft. per side for a total maximum sign area of sixty four (64 sq. ft.), and its height shall not exceed ten (10) feet above the ground grade, including the sign base.
         (d)   The copy area of the sign may not exceed 75% of the total sign area.
         (e)   Such signs may be externally illuminated as long as the light source is shielded in such a way as to prevent glare on public streets or neighboring properties.
         (f)   Such signs shall be effectively landscaped and maintained in good condition at all times. Provision, including responsibility (and appropriate commensurate funding) for the (perpetual) maintenance of the sign and surrounding land area shall be made to the City's satisfaction.
   (K)   Retail/Office/Planned industrial district signs.
      (1)   Single-Occupancy Buildings: In retail, office, and planned industrial districts, each business or office which wholly occupies a building shall be permitted one of the following signs: flat or wall sign, bracketed sign, projecting sign, or free-standing sign as follows:
         (a)   A wall sign shall not project more than one (1) foot from the building wall to which it is attached and shall be mounted no lower than 7.5 feet or higher than 15 feet above the surface abutting the foundation of the structure, and the sign area for a single business or office shall have an area equivalent to one and one-half square feet of sign area for each lineal foot of building width, or part of a building occupied by such enterprise, but shall not exceed one hundred (100) square feet. Any business that is located at the intersection of two or more streets that are in the township, county, state or federal highway system shall be permitted one (1) wall sign on each surface of the building facing such streets. If this option is selected the area of any sign shall not exceed one (1) square foot per each lineal foot of building width, or part of a building occupied by such enterprise, and shall not exceed a maximum area of seventy-five (75) square feet.
         (b)   A bracketed, projecting sign shall not be attached to and project from a building wall at an angle of 90 degrees for a distance of not more than four feet. Projecting signs shall have a maximum overall dimensional sign area of 3 square feet per side and 6 square feet overall, and shall be mounted at least 7'6" over a public sidewalk and 15 feet over any drive.
         (c)   A free-standing sign not over 5 feet in height, having a maximum total overall dimensional sign area of 30 square feet per side and 60 square feet overall and located not closer than 10 feet to any street right-of-way line.
         (d)   One pole sign in lieu of the free-standing ground sign shall be permitted for business and industrial uses only. The top of such signs shall not exceed fifteen (15) feet above the ground level, shall have a maximum sign area of twenty (20) square feet per side for a total of forty square feet, and shall be located a minimum of ten (10) feet from the right-of-way line.
      (2)   Multiple-Occupancy Buildings: Multiple-occupancy buildings may be permitted:
         (a)   One (1) free-standing identification sign not over five feet in height, having a maximum total overall dimensional sign area of 30 square feet per side and 60 square feet overall and located not closer than 10 feet to any street right-of-way line. There shall be only one (1) free-standing sign per parcel or project. The sign shall identify the building, project name, property and/or address only, and shall bear no individual occupant identification.
         (b)   In addition to the free-standing sign, first floor tenants of a multiple-occupancy building having their own public entrance, shall be allowed one wall sign based on one and one-half square feet of sign area per lineal foot of contiguous exterior wall not to exceed 60 sq. ft., or one projecting sign as specified in division (K) above. Sign area must relate to the lineal footage of wall on which the sign is to be located.
         (c)   One identifying plaque for upper level tenants or tenants with no contiguous exterior wall and having no street frontage. Width of plaque may not exceed width of surface of attachment. Maximum sign area allowed shall not exceed three (3) square feet. All plaques shall be placed adjacent to building entrance. Where more than one plaque is placed at an entrance, the total group is to be related in an orderly and integrated manner in one or more vertical columns with common vertical centerlines. The horizontal centerline of each group must be 5'0" above the average grade level.
         (d)   Signs identifying upper story occupants or street level occupants having no street frontage shall comply with the following: One identifying plaque for each occupant having access to premises at point of attachment. Height of plaque may not exceed width of surface of attachment. Maximum area is three (3) square feet.
         (e)   One pole sign in lieu of the free-standing ground sign shall be permitted for business and industrial uses only. The top of such signs shall not exceed fifteen (15) feet above the ground level, shall have a maximum sign area of twenty (20) square feet per side for a total of forty square feet, and shall be located a minimum of ten (10) feet from the right-of-way line.
   (L)   Shopping center and other developments.
      (1)   Any shopping center (5 or more stores), or other development with a minimum site area of fifty thousand (50,000) square feet or more, shall be permitted one (1) double-faced, internally or externally illuminated, free-standing, pole-mounted, “Identification Sign,” not to exceed sixty (60) square feet per side. Free-standing development signs shall be no more than thirty (30) feet in height, and located not closer than 10 feet to any street right-of-way.
      (2)   Each tenant of a retail shopping center or other development, as described above, shall be permitted one wall-mounted sign based on one and one-half square feet of sign area per lineal foot of building frontage occupied by that business not to exceed 60 sq. ft.
      (3)   Where such business enterprise requires secondary entrances to rear or side parking areas, a second wall sign having an area up to 33% of the first authorized sign may be authorized by the Building Inspector for the rear or side of the building.
      (4)   All business identification signs within a shopping center or development shall be of the same type of construction and materials, in order to achieve a uniform and coordinated character compatible with the form and details of the structure(s).
      (5)   In addition to the primary sign, one (1) directional sign per drive or walk, not to exceed four (4) sq. ft. per side or eight (8) sq. ft. overall, and a
height of four (4) feet maximum, may be permitted for businesses located within a courtyard or recessed area within a shopping center. Such sign shall contain only the name of the business and a directional arrow pointing to the location of said business. No other advertising may be displayed thereon.
   (M)   Service station signs.
      (1)   Signs limited to the identification of the brand name, logo or type of fuel sold in an approved automobile service station shall be permitted on the gasoline pumps, and no sign permit shall be required for these signs.
      (2)   One sign not to exceed two (2) sq. ft. in area is permitted for each set of pumps or each side of a canopy identifying “self-service” or “full-service.”
      (3)   One (1) two-sided fuel price sign. The total sign area shall not exceed an aggregate of six (6) sq. ft.
      (4)   Service stations identification sign shall be based on building frontage, pursuant to the provisions of this section. Each service station or convenience store selling gasoline may place one (1) free-standing pole sign and (1) lighted or unlighted trademarked gasoline brand name and/or logo on each side of the canopy facia. This brand name and or logo shall not exceed 40% of the total area of the canopy facia, and shall not project above or below the vertical width of the canopy. For purposes of this section, unlighted striping containing no advertising verbiage or graphic advertising will not be considered part of the design. The vertical supports of the canopy shall not contain any advertising.
   (N)   Maximum sign area.
      (1)   The area of all signs for any single business enterprise shall be limited according to the widths of the building or part of building occupied by the enterprise. For the purposes of this section, width shall be measured along the building face nearest parallel to the street line. In the case of a corner lot, either frontage may be used in determining maximum area of the sign.
      (2)   The area of all permanent signs for any single business enterprise may have an area equivalent to 1½ square feet of sign area for each lineal foot of width of a building, or part of a building, occupied by the enterprise, but shall not exceed a maximum area of one hundred and twenty (120) square feet.
      (3)   Where such business enterprise requires secondary entrances to rear or side parking areas, a second wall sign having an area up to 33% of the first authorized sign may be authorized by the Building Inspector for the rear or side of the building.
      (4)   The area of existing signs shall be taken into consideration in the computation of maximum sign areas available under this section.
   (O)   Sign measurement standards.
      (1)   Area Measurements. The area of a sign shall be determined as follows: (Exhibit “A”).
         (a)   In the case of free-standing or projecting signs, the sign area consists of the entire surface area of the sign on which copy could be placed including the surrounding frame structure. The supporting structure or bracing of a sign shall not be counted as a part of sign face area, unless such structure or bracing is made a part of the sign's message by inclusion of a symbol, logo or other three-dimensional figure, in which case the smallest rectangle which can encompass the area of said symbol or figure shall be included as part of the total message area calculations.
         (b)   In the case of a wall sign whose message is fabricated together with the background which borders or frames that message, the sign area shall be the total area of any symbols, figures or logos as described in subsection (a) above.
         (c)   In the case of a wall or facia sign whose message is applied to a background which provides no border or frame, the sign area shall be the area of the smallest combination of rectangles which can encompass all words, letters, figures, emblems, and other elements of the sign message.
      (2)   Height Measurements. The height of a sign shall be determined as follows: (Exhibit “A”).
      The heights of a projecting sign shall be measured from the bottom of the sign face to the ground below.
      The height of a wall sign shall be measured from the finished grade at the building base below the sign. The top of the sign shall be no higher than the maximum permitted building height nor shall it be more than three (3) feet higher than the highest ceiling elevation in the building.
   (P)   Miscellaneous incidental signs.
      (1)   Directional and Informational Signs: Parking lot and other private traffic directional signs, such as “Entrance,” “Exit,” “Parking,” “Service,” “Parts,” and the like, each not exceeding four (4) feet in height, four (4) square feet per side in area and located as least ten (10) feet behind the right-of-way line. Such signs are to be limited to guidance of pedestrian or vehicular traffic within the premises on which they are located, and are not to display the name of a product, service, or any other advertising. Such signs may be internally illuminated.
      (2)   Menu Boards: One (1) free-standing, ground mounted menu board per site is permitted for drive-in windows of fast food restaurants. Such sign shall not exceed twenty (20) square feet in total sign area and five (5) feet in height. Such sign shall be in addition to, not deducted from the allowable sign area for that business.
      (3)   Incidental Signs. One incidental sign, one (1) sq. ft. in area, indicating hours of operation/credit card information etc. shall be permitted on the entrance door or door recess area to each business establishment.
   (Q)   City Center Development Overlay (CCDO) district signs. All signs in the CCDO District as shown in Exhibit “C,” where permitted shall be subject further to the following limitations:
      (1)   Prohibited Signs. The following types of signs shall not be permitted or erected:
         (a)   All billboards.
         (b)   All blinking, flashing, or movable signs, except barber poles and theater marquees.
         (c)   All rooftop signs or any sign or awning that extends above the roof line of any building.
         (d)   Any sign on or about an unoccupied building, except those related to the sale or rental of that building.
         (e)   All signs on sides of buildings, except corner buildings.
         (f)   All signs on utility poles, except those installed by the city or state.
      (2)   Permitted Signs.
         (a)   Wall Sign:
            1.   A wall sign attached parallel to a building can project no more than six (6) inches from the building surface. Also, cannot extend higher than whichever of the following is lowest:
               a.   25 feet above grade;
               b.   The bottom of the sills of the first level of windows above the first story;
               c.   The lowest point of the roof.
            2.   The entire sign should be affixed to one continuous flat vertical opaque surface. Signs may not be attached to roofs, chimneys, smokestacks, stair towers or penthouses.
            3.   The area for all permanent signs for any single business enterprise shall be limited according to the widths of the building or part of building occupied by the enterprise. Width shall be measured along the building face nearest parallel to the street line. In the case of a corner lot, either frontage may be used in determining maximum area of the sign.
            4.   The area of all permanent signs for any single business enterprise may have an area equivalent to 1½ square feet of sign area for each lineal foot of width of a building, or part of a building, occupied by the enterprise, but shall not exceed a maximum area of thirty (30) square feet.
         (b)   Projecting Sign:
            1.   A projecting sign may have no more than two faces and can project at an angle of 90 degrees no more than four feet from the building. No more than one right-angle sign is allowed for each entrance door to a business establishment, and the business that the sign advertises must occupy at least 15 feet of street frontage of the building.
            2.   The bottom of the sign must be at least 7 feet above ground level, at least 7'6" over a public sidewalk and 15 feet over any drive, and its top may not extend higher than whichever of the following is lowest:
               a.   25 feet above grade;
               b.   The bottom of the sills of the first level of windows above the first story;
               c.   The lowest point of the roof.
            3.   Signs may not be attached to roofs, chimneys, smokestacks, stair towers or penthouses. No exposed guy wires or turnbuckles are allowed on the projected sign. Projecting signs shall have a maximum overall dimensional sign area of three (3) square feet per side and six (6) square feet overall.
         (c)   Free-Standing Signs. Free-standing signs are not permitted along Main Street in the CCDO District. Free-standing signs are permitted in the remaining of the CCDO District, provided that they meet the following conditions: (a) The maximum sign area shall not exceed twenty (20) square feet per side with a maximum of two sides; (b) The sign height shall not exceed four (4) feet from the ground; and (c) Only external illumination shall be permitted.
         (d)   Awning Signs. Awnings may be permitted on the face or underside of one projecting structure. They may not extend above it. Awning should be of cloth or vinyl material and should be of shed style, not cupped.
         (e)   Sign on the Inside of the Glass of a Window. Permanent signs on the inside of the glass of a window are permitted provided that they do not cover more than 30% of the area of the window in which they appear.
         (f)   Temporary Window Signs. Temporary window signs may be allowed only if they advertise special sales or events lasting no more than 15 days. They should cover no more than 30% of the area of the window in which they appear. Thirty days (30) shall elapse between display of window signs.
         (g)   Lighting. Signs should be externally or internally lighted, using a continuous light source.
         (h)   Supports. No support for a sign should extend above the cornice line of the building to which it is attached.
         (i)   Signs Identifying Upper Story Occupants. Signs identifying upper story occupants or street level occupants having no street frontage should comply with the following:
            1.   One identifying plaque for each occupant having access to premises at point of attachment. Height of plaque is optional. Width of plaque may not exceed width of surface of attachment. Maximum area is three (3) square feet.
            2.   All plaques should be placed adjacent to building entrance. Where more than one plaque is placed at an entrance, the total group is to be related in an orderly and integrated manner in one or more vertical columns with common vertical centerlines. The horizontal centerline of each group must be 5' 0" above the average grade level.
            3.   Plaques may be of any cast metal, of any natural stone or wood.
            4.   Letters or characters shall not exceed 2½" in height; symbols may not exceed 8" in height; all letters and symbols shall be integral with the base material or painted on the base (in the case of wood). No more than three lines of letters should be used. No internally illuminated plaques shall be used.
         (j)   Sign Message. A sign may include lettering to indicate only the street number, the name and kind of business, service or facility conducted on the premises, the year the business was established, the hours of operation, and/or lettering that is part of a trademark. The sign message shall be concise.
         (k)   Trademarks and Names of Commodities. When the sale of the specific product is the major business conducted on the premises, the trademark or name may be included in the message of the sign.
      (3)   Measurement Standards.
         (a)   In the case of a wall sign whose message is fabricated together with the background which borders or frames that message, the sign area shall be the total area including the entire background plus the area of any symbols, figures or logos.
         (b)   In the case of a wall or facia sign whose message is applied to a background which provides no border or frame, the sign area shall be the area of the smallest combination of rectangles which can encompass all words, letters, figures, logos, and other elements of the sign message.
      (4)   Review Process.
         (a)   All applications for a sign permit in the CCDO District shall be accompanied by drawing(s) showing the proposed design, size, colors, method of
illumination, the exact location of the sign in relation to the building and site, and details and specifications for construction.
         (b)   The Building Inspector shall examine such plans and shall request review assistance by experts as may be deemed necessary. Based on the review, if it appears that the proposed sign is in compliance with all the requirements of this chapter and all other ordinances of the City, he shall within fourteen (14) working days from the application date issue a permit for the erection of the sign.
         (c)   The Building Inspector, in reviewing a proposal for a sign in the CCDO District, shall consider the following as to whether:
            1.   The proposed sign will be harmonious with and in accordance with the general architectural character of the district;
            2.   The proposed sign will be compatible with the design and materials of the building on which the sign is to be located or located in front of;
            3.   The proposed sign will not be detrimental to adjacent property or property in the immediate vicinity; and
            4.   The colors are in conformity with the approved colors for the District.
         (d)   In the case that the Building Inspector does not approve the proposed sign(s), the applicant may appeal his decision to the City's Zoning Board of Appeals.
      (5)   Design Guidelines. All signs to be erected and maintained in the CCDO District shall utilize the “Design Guidelines” provided by the City of Rising Sun to aide in their design and construction details. The guidelines are meant as a supplement to the City's sign regulations and are intended to provide a framework to prepare aesthetically attractive and functionally efficient signs in harmony with the character of the district.
   (R)   Temporary signs.
      (1)   Temporary Signs Permitted in All Districts Not Requiring a Zoning Certificate. The following signs are permitted provided they meet the following requirements:
         (a)   Temporary Real Estate Signs advertising the sale, rental, or lease of the premises on which the sign is located shall be permitted on any property provided:
            1.   No such sign shall exceed twelve (12) square feet in display area per side, except in all residential districts where the display area shall not exceed six (6) square feet per side.
            2.   Signs permitted under this section shall have no more than two (2) sides.
            3.   Such signs may be located only on the property for sale, rental, or lease.
            4.   Not more than one (1) such sign shall be permitted on the subject property.
            5.   All such signs shall be set back a minimum of fifteen (15) feet from any street right-of-way and shall conform to the requirements regarding traffic visibility.
            6.   No such sign shall exceed four (4) feet in height from grade.
            7.   No such sign shall be illuminated in any way.
            8.   Such signs shall not remain longer than ten (10) days following the closing or rental of said property.
            9.   Real estate “open house” signs shall be permitted only when the property is open for inspection and shall be permitted only on the property open for inspection.
      (2)   Temporary Signs Permitted In All Districts Requiring a Zoning Certificate. The following signs are permitted provided they meet the following requirements.
         (a)   Construction Signs indicating the name of architects, engineers, contractors and similar persons or firms involved in the design or construction of a structure or project, provided:
            1.   No such sign shall exceed sixty (60) square feet in display area and have a maximum of two (2) display faces, except in all residential districts where the display area shall not exceed six (6) square feet per display face.
            2.   All such signs shall be set back a minimum of ten (10) feet from any road right- of-way and adjoining property line(s) and conform with division (H) of this Section regarding Clearview Zone requirements.
            3.   No such signs shall exceed ten (10) feet in height, except in all residential districts above the height shall not exceed four (4) feet from grade.
            4.   Such signs shall not be illuminated in any way.
            5.   Such signs may be located only on the subject property and no more than one (1) such sign shall be permitted.
            6.   Such signs may be erected for a period of sixty (60) days prior to construction and extend throughout the construction period. All such signs must be removed upon the issuance of the occupancy permit.
         (b)   Temporary Subdivision Signs. Upon application to the Building Inspector, a permit may be issued as a special exception to the terms of this Section allowing such a sign, provided that:
            1.   The sign shall not be illuminated.
            2.   The sign shall identify the sale or development of a recorded lot subdivision.
            3.   The sign shall be erected only upon the property for sale or being developed.
            4.   The sign shall set back a minimum of ten (10) feet from any street right-of-way or adjoining property line and conform with division (H) regarding Clearview Zone requirements.
            5.   The sign shall not exceed ten (10) feet in height from the ground grade, and shall have a maximum of thirty-two (32) square feet of sign area per side, with a maximum of two sides permitted.
            6.   Not more than one such sign shall be placed along a single road frontage of any property in single and separate ownership, provided that not more than two such signs may be permitted in any single development.
            7.   A permit for the erection, construction, or maintenance of the sign shall expire within one year.
         (c)   Temporary Signs for Non-Profit Activities or Events. Fund Raising Public Service Events provided:
            1.   No such sign shall have a display area exceeding twelve (12) square feet per face, with a maximum of two (2) faces.
            2.   All such signs shall set back a minimum of ten (10) feet from any street right-of-way or adjoining property line and conform with division (H) regarding Clearview Zone requirements.
            3.   No such sign shall exceed five (5) feet in height.
            4.   No such sign shall be internally illuminated.
            5.   No more than one (1) sign may be displayed per road frontage of the subject premises.
            6.   Use of such signs shall be limited to a period of sixty (60) days.
         (d)   Temporary Special Message Signs for the Display of Special Messages (Only in Non- Residential Districts) provided:
            1.   No such sign shall have a display area exceeding twelve (12) square feet per face, with a maximum of two faces.
            2.   All such signs shall set back a minimum of ten (10) feet from any street right-of-way or adjoining property line and conform with division (H) regarding Clearview Zone requirements.
            3.   No such sign shall exceed five (5) feet in height.
            4.   No such sign shall be internally illuminated.
            5.   No more than one (1) sign may be displayed per road frontage of the subject premises.
            6.   Use of such sign shall be limited to three (3) display periods, not exceeding ten (10) days per period during each calendar year.
   (S)   Signs in violation.
      (1)   Any sign or device located within a public right-of-way shall be deemed a public nuisance and the Building Inspector shall give twenty-four (24) hours notice by registered mail, certified mail or hand delivery to the owner or lessee of the land abutting the public right-of-way on which sign or device is located, to remove such sign or device.
      (2)   Any permanent sign or device in violation of this section shall be deemed a public nuisance and the Building Inspector shall give thirty (30) days notice by registered mail, certified mail or hand delivery to the owner or lessee of the land such sign is erected upon, to remove such sign or device.
      (3)   Any temporary sign in violation of this section shall be deemed a public nuisance and the Building Inspector shall give twenty-four (24) hour notice by registered mail, certified mail or hand delivery to the owner of lessee of the land such sign is erected upon, to remove such sign or device.
      (4)   If any such sign or device has not been removed on or before the expiration of the time limits as stated in this section, following receipt of said notice, it shall be deemed a violation of this Section and the Building Inspector shall take the appropriate action necessary for removal of the sign or device, or the correction of the violation.
(Ord. passed 4-7-97; Am. Ord. 2013-2, passed 6-6-13)
EXHIBIT “A” Height and Size Diagram
(Am. Ord. 2013-2, passed 6-6-13)
EXHIBIT “B” Signage Requirements Per Zoning District
Article XVII - Signs
Sign Type
Zoning District
Height
Maximum Area/Face
Setback From ROW
No. Permitted
Other
Sign Type
Zoning District
Height
Maximum Area/Face
Setback From ROW
No. Permitted
Other
Residence
All
12"
6" x 12"
10 ft.
1
One face only
Institutional
5'
35 SF
10 ft.
2
 
Sale of Prop.
4'
6 SF
10 ft.
1
 
Personal Sales
 
4'
5 SF
10 ft.
1
 
Subdivision
R-1, R-2, R-1C, MSB-1
10'
38 SF
10 ft.
 
 
Single Occupancy Buildings:
B-1, B-2, MSB-1, I-1
Wall
All
(*)
120 SF
n/a
2(*)
Maximum size
Projecting
(*)
4 SF
n/a
2
 
Free-Standing
5'
35 SF
10 ft.
1
 
Pole
15'
25 SF
10 ft.
(*)
In lieu of the free-standing
Multiple-Occupancy Buildings:
B-1, B-2, MSB-1, I-1
Free-Standing
5'
35 SF
10 ft.
1(*)
one/project
Wall, Projecting
(*)
70 SF
n/a
2(*)
first floor
Plaque
(*)
4 SF
n/a
2(*)
upper floor
Pole
 
15'
24 SF
10 ft.
1(*)
In lieu of the free-standing
 
(*) See additional requirements in appropriate sections of Section 150.036
EXHIBIT “B” Cont’d Signage Requirements Per Zoning District
Article XVII - Signs
Sign Type
Zoning District
Height
Maximum Area/Face
Setback From ROW
No. Permitted
Other
Sign Type
Zoning District
Height
Maximum Area/Face
Setback From ROW
No. Permitted
Other
Shopping Center and Other Developments:
B-1, B-2, MSD-1
Pole ID
30'
80 SF
10 ft.
1
one/project
Wall
n/a
80 SF (*)
n/a
1 (*)
 
Service Stations
B-1, B-2
Pole
30'
70 SF
10 ft.
1
 
Canopy/Fascia
(*)
4 SF
n/a
(*)
 
Pumps
 
8 SF
n/a
(*)
 
Miscellaneous Signs:
Directional
All Districts
4'
4 SF
10 ft.
n/a
No advertising
Menu Boards
B-1, B-2
6'
12 SF
10 ft.
2
In addition to allowable sign area
Incidental
B-1, B-2, MSB-1, I-1
n/a
1 SF
n/a
2
 
 
(*) See additional requirements in appropriate sections of Section 150.036
(Am. Ord. 2013-2, passed 6-6-13)
EXHIBIT “C” (Insert image?)