§ 154.11(B)  APPLICABILITY
   (1)   General Applicability
      (a)   It shall hereafter be unlawful for any person to erect, place, or maintain a sign in the city except in accordance with the provisions of this section.
      (b)   Unless otherwise provided, this section shall apply to any sign, in any zoning district, that is visible from the public right-of-way or from property other than the property on which the sign is located.
      (c)   Any sign already established on the effective date of this section or future amendment thereto, and which sign is rendered nonconforming by the provisions herein, shall be subject to the nonconforming sign regulations of § 154.11(L).
   (2)   Exemptions
   The following signs are entirely exempt from this section:
      (a)   Any sign located entirely within buildings or other structures and/or otherwise not visible from the public right-of-way or from property other than the property on which the sign is located;
      (b)   Any sign located on umbrellas or similarly related private patio furniture or seating;
      (c)   Any sign on a truck, bus or other vehicle that is used in the normal course of a business for transportation (see also § 154.11(E)(8)); and
      (d)   Any noncommercial holiday lighting, signs, or related decorations.
   (3)   Zoning Compliance Permit Required
   Unless otherwise provided by this section, all signs shall require a zoning compliance permit and a payment of fees. Exceptions to the permit requirement are as follows:
      (a)   A zoning compliance permit is not required for the maintenance of a sign or for a change of copy on signs with changeable copy.
      (b)   A zoning compliance permit is not required for general maintenance, painting, repainting, cleaning and other normal maintenance and repair of a sign or any sign structure unless a structural change is made that results in anything more than a minor modification. This shall include the replacement of a sign face within a sign cabinet or similar structure where the sign face is designed to be easily removed and replaced.
      (c)   The following signs do not require a zoning compliance permit, but are subject to the standards set forth in this section, as well as to general standards and prohibitions related to placement, lighting and maintenance of signs.
         (i)   Wall signs with a maximum area of 2 square feet attached to the façade of a residential dwelling;
         (ii)   Governmental signs for control of traffic and other regulatory purposes, street signs, warning signs, railroad crossing signs, way-finding signs, and signs of public service companies for the purpose of safety;
         (iii)   Commemorative plaques placed by a local, state, or federally recognized historical agency, with a maximum sign area of 48 square feet and maximum height of 6 feet;
         (iv)   Interior signs within a stadium, open-air theater, shopping center, arena or other use, which signs can be viewed only by persons within such stadium, open-air theater, shopping center, parks, arena, or other use;
         (v)   Certain temporary signs with a commercial message as established in § 154.11(K);
         (vi)   Signs without a Commercial Message
         Signs that have no commercial message are permitted in all districts without a zoning compliance permit provided they comply with this subsection.
            A.   The sign shall not be located in the right-of-way.
            B.   The sign shall be removed or replaced when such sign is deteriorated or the sign may be removed by the city in accordance with § 154.11(K)(1)(j) and/or § 154.11(N).
         (vii)   Flags and Flag Poles
            A.   Flags of reasonable, customary size and color, emblems and insignia of any governmental agency or political subdivision and temporary displays of a patriotic, religious, charitable or civic character that does not bear a commercial message are permitted in any zoning district.
            B.   One flag with a commercial message may be permitted on any lot in a business zoning district provided the flag does not exceed 40 square feet in area.
            C.   Flag poles may require a building permit from Miami County depending on their size for structural purposes.
         (viii)   Street Address Signs
            A.   Every building is required to post its street address in a visible area for the purposes of identification for safety service personnel. This may be on the building, mailbox, or other visible element.
            B.   The signs shall have a minimum height of 3 inches and a maximum height as follows unless they are an integral part of another permanent sign, in which case, the regulations for the permanent sign shall control:
               1.   For residential uses, the signs shall be no more than 8 inches in height;
               2.   For nonresidential uses that have a building setback of less than 100 feet, the maximum height shall be 12 inches.
               3.   For nonresidential uses that have a building setback of between 100 feet and 200 feet, the maximum height shall be 18 inches.
               4.   For nonresidential uses that have a building setback of more than 200 feet, the maximum height shall be 24 inches.
            C.   All street address signs shall contrast to the color of the surface on which they are mounted and shall be clearly identifiable from the street.
         (ix)   Incidental Signs
         Incidental signs are allowed on all private property, in addition to all other allowed signs, subject to the standards and limitations set forth in this section.
            A.   Incidental signs may be wall signs not larger than 2 square feet and/or detached signs not larger than 4 square feet and with a height of no more than 3 feet.
            B.   Such signs are generally intended to provide information and warnings, such as "beware of dog," "no parking," "telephone," "rest rooms," "exit," "entrance," and so on. Such signs, however, may bear any message that is not a commercial message.
            C.   Such signs shall not be separately illuminated.
         (x)   Window Signs
         Window signs are permitted on all principal structures in accordance with the following:
            A.   All signs located within, attached or mounted to, or located inside of the building but positioned to be visible from outside of any window, shall be deemed a window sign.
            B.   Where window signs are permitted, such sign shall not occupy more than 50% of the window area to which it is attached. See Figure 154.11-A for locations used in the calculation of sign area.
   Figure 154.11-A: The window area is illustrated within the dashed line area for the 2 storefronts in the above image.
            C.   Window signs are not permitted in any window of a space used for residential uses or purposes.
            D.   Window signs are permitted in windows on any floor where there is nonresidential activity.
         (xi)   Signs in the RA Overlay District
         Signs within the RA (Old Tippecanoe City Restoration and Architectural District) shall be generally subject to the sign provisions of the underlying zoning district except as modified by special provisions within § 154.11(J).
(Ord. 5-14, passed 3-17-2014)