Bargersville City Zoning Code
IMPROVEMENT STANDARDS
§ 154.110 LANDSCAPE STANDARDS.
(A) Purpose and intent. This section establishes regulations for the preservation of natural features and minimum standards for the provision, installation, and maintenance of landscape materials. These regulations are intended to promote the health, attractiveness, and safety of the community; foster aesthetically pleasing and environmentally sensitive development that protects and preserves the appearance and character of the community; and encourage the preservation of natural areas.
(B) Applicability. These regulations apply to development in all zoning districts except for detached single-family and two-family dwellings not located in a subdivision. Plantings and landscaping features required by this chapter are subject to inspection to verify continued compliance with these regulations.
(C) Landscape plan review.
(1) Landscape plans must be shown on a separate drawing at the same scale as the required site plan. The plans must indicate all existing or proposed utilities and easements to ensure the proposed landscaping is not affected by, nor interferes with utilities. The plans must include:
(a) All proposed landscaping with circles indicating the anticipated plant size at maturity;
(b) A table listing all proposed plants including the scientific name, common name, quantities, and size at planting;
(c) Calculations illustrating how the plan complies with the requirements of this chapter;
(d) Existing natural and man-made landscape features and proposed buildings and structures;
(e) All existing trees (eight-inch caliper or greater) located in portions of the site that will be built upon or otherwise altered. Trees must be labeled "To Be Removed" or "To Be Saved" on the plan. Existing trees located outside of areas to be disturbed may be illustrated as a tree mass;
(f) Measures to protect existing trees to be saved must be noted on the plans;
(g) Contours shown at two-foot intervals.
(2) Review. Landscaping plans are subject to Plan Commission or Administrator review and approval.
(3) Modifications. The Plan Commission may modify the requirements of this section under any of the following circumstances:
(a) Existing vegetation or topographic features make compliance with requirements unnecessary or difficult to achieve.
(b) The application of requirements will result in a significant loss of existing vegetation, or natural or cultural features.
(c) Modification of requirements will clearly result in a superior design that could not be otherwise achieved.
(4) Additional conditions. The Plan Commission or Administrator may impose conditions on landscaping as part of site plan review.
(5) Performance guarantee. To ensure that all landscaping is installed as shown on the plan and in conformance with the requirements of this chapter, the Plan Commission may require the applicant to provide a financial guarantee, as provided in § 154.161.
(D) Landscaping general requirements.
(1) Landscape plan required. A landscape plan must be submitted as a part of all site plan and permit applications unless the Administrator determines compliance with the provisions of these regulations can be demonstrated without the use of a landscape plan. A landscape plan may be combined with other required application materials if compliance with these regulations can be demonstrated in the combined materials.
(2) Required plant materials. Tree and shrub species used to meet the requirements of this chapter must be from the Approved Plant List. Plants listed on the Prohibited Plant List cannot be used to fulfill any requirement of this chapter. All plant material must be hardy to Central Indiana, suitable for the site, free of disease and insects, and conform to the American Standard for Nursery Stock (ANSI Z60.1-2004). The use of native plants is strongly encouraged. The Administrator may authorize alternative species or cultivars that meet the intended purpose, are not invasive or hazardous, and are equally hardy.
(3) Minimum living materials. Within required landscaping areas, a minimum of 60% of the surface area must be covered by living materials, not gravel, stone, or other non-living materials.
(4) Soil condition and planting beds.
(a) Landscaping required by this chapter must be planted in uncompacted soil at least two feet in depth.
(b) Stone mulch is not permitted in required landscape areas or planting bed except as part of a storm water best management practice in accordance with the Storm Water Specifications Manual.
(c) Landscaped areas must be protected from vehicular encroachment by curbs or wheel stops. Curbs must be provided with openings to accommodate surface collection of storm water runoff in vegetated swales and detention facilities.
(5) Minimum plant sizes at installation. Unless otherwise specifically noted, the minimum plant size at the time of installation of landscaping required by this chapter is according to Table 5-1: Minimum Plant Sizes.
Plant Material Type (ASNS Types) | Minimum Size |
Deciduous/overstory shade tree (Type 1 or Type 2), single trunk | 2" caliper |
Deciduous/overstory shade tree (Type 1 or Type 2), multi-trunk | 10 ft. in height |
Evergreen/coniferous tree | 6 ft. in height |
Ornamental/understory tree, single trunk | 1.5" caliper |
Ornamental/understory tree, multi-trunk | 6 ft. in height |
Large shrub - deciduous (Type 2 or 3) | 24" in height |
Large shrub - evergreens (Types 4, 5 or 6) | 30" in height |
Small shrub - deciduous (Type 1) | 18" in height |
Small shrub - evergreens (Type 1, 2 or 3) | 24" in spread |
Ground cover | 3" in height |
(6) Plant material clearance. Except for buffer yard plantings, trees and shrubs cannot be placed closer than three feet to any lot line. A minimum five-foot clear area is required around fire hydrants, valve vaults, hose bibs, manholes, hydrants, and fire department connections. Plants must have a minimum five-foot separation from underground utilities. Any landscaping placed within an easement is done at the owner's risk. Should the plant material need to be removed to access the easement, the owner is responsible for the costs of removing and replacing the plants.
(7) Plant material spacing. Plant materials may be grouped but must be located within the landscape area to which it will be credited. The Administrator may authorize adjustments to these spacing requirements when necessary due to topography, drainage, utilities, or obstructions, provided the total amount of required landscaping is not reduced.
(8) Species variation. No one species of tree may make up more than 35% of the total number of trees. No one species of shrub may make up more than 35% of the total number of shrubs.
(10) Existing vegetation credit and bonus.
(a) If existing vegetation meets the intent of the screening requirements, preserved existing vegetation may be credited for landscape materials required by this chapter. Credit will not be given for existing vegetation listed on the Prohibited Plant List.
(b) If any vegetation fulfilling a requirement of this chapter dies or is removed, replacement plant materials must be installed in accordance these standards. Existing vegetation used to meet a requirement of this chapter must be protected during construction by a fence erected around the area encompassing an area one foot beyond the drip line of the vegetation. The enclosed area must be protected from any land disturbing activity, including placing materials within this protected area.
(c) Preservation of trees and surrounding vegetation will be given credit toward fulfilling landscaping requirements in this section as follows:
1. Existing trees and surrounding vegetation may be credited only one time towards any one buffer, screen, or other landscape area requirement.
2. Existing trees and surrounding vegetation must be located within the required landscape area to which it will be credited.
3. Existing trees that conform to these standards and are proposed to be used for credit must generally have location, species, caliper, and drip line indicated on the required landscape plan.
4. Existing trees will be credited as fulfilling a requirement based upon the tree size and provided that the minimum width of the surrounding landscape area is according to the criteria and the quantities of Table 5-2: Existing Tree Credits.
5. In the event an existing tree that was given credit is removed or dies within three years of the improvement location permit issuance date, replacement trees must be planted per Table 5-2: Existing Tree Credits. If the site cannot accommodate the number of replacement trees required, the Administrator may authorize an alternate location for the planting of the replacement trees within the Town as close to the site as feasible.
Existing Tree Size (inches) | Minimum Width of Surrounding Landscape Area (Feet) | Number of Trees Credited | Number of Trees To Be Planted To Replace an Existing Tree |
(11) Native vegetation and natural landscaping areas.
(a) Growing native vegetation including ferns, grasses, sedges, rushes, forbs, shrubs and trees is permitted in lieu of turfgrass lawn. Natural landscape areas are permitted if planned and designed to control, direct, and maintain the growth of natural vegetation, primarily native, and may include the detention and infiltration of storm water runoff in the natural landscape area.
(b) Natural landscaping areas must not be located within two feet of a front lot line, or within four feet of any other lot line, except where the natural landscaping is separated from adjacent lots by fencing or continuous shrub growth three feet or more in height, or where the natural landscaping area abuts another permitted natural landscaping area on an abutting lot.
(c) Where a natural landscaping area is installed or preserved, a sign not exceeding one square foot should be installed indicating that the area is a natural landscape area and generally not mowed.
(12) Rain gardens, bioswales and storm water management features. Areas included in rain gardens or vegetated site features created to meet storm water management requirements of the Storm Water Specifications Manual may be counted towards any required interior site or parking lot landscaping, and if vegetated to meet the requirements for any landscaped buffers may count towards those buffer requirements. Where rain gardens or vegetated site features serving a storm water management purpose are installed, a sign not exceeding one square foot should be installed indicating the area should not be mowed.
(13) Retention and detention facilities. Landscaping must be provided around the perimeter of all retention and detention basins. Such landscaping must consist of trees, shrubs, and emergent plantings in a quantity, species, and arrangement that will maintain an ecologically functional environment. Per the Storm Water Specification Manual, tall plantings in the aquatic bench are desirable to keep waterfowl from the site. Retention and detention basins should be designed to resemble natural landforms, whenever possible. Such landscaping must be integrated with the littoral zone of emergent vegetation around the pond perimeter with the safety bench. Trees, shrubs, and upland plantings are to be located above the normal water line; emergent or wetland plantings are to be located below the normal water line. Vegetation must be established on all side slopes to prevent erosion. A storm water management easement and operation and maintenance agreement are required for each facility, clearly marking inlet/outlet structures and easements for inflow/outflow piping. Trees or deep-rooted vegetation must not be planted in any easement with storm drainage pipe. Vegetation must not obstruct inlet/outlet structures and inflow/outflow piping area.
(14) Alternative landscaping. The Administrator may approve an alternate landscape plan that does not meet the specific requirements stated in this if the Administrator determines that the alternative plan:
(a) Is consistent with the purposes of this chapter;
(b) Does not include invasive vegetation;
(c) Does not include a reduction of tree planting requirements;
(d) Provides equal or superior buffering of adjacent properties from anticipated impacts of the proposed development; and
(e) Provides equal or superior visual appearance of the property when viewed from the street;
(15) Installation and delay of installation due to season.
(a) Landscaping material used to meet the requirements of this chapter must be installed in accordance with the planting procedures established by the ANSI A300 Tree Care Operations: Standard Practices for Tree, Shrub and Other Woody Plant Maintenance.
(b) Landscaping material must be installed prior to issuing a certificate of occupancy. The Administrator may authorize a delay in installation up to 120 days due to periods of adverse weather, availability of plant material, or conflicts between construction scheduling and proper planting conditions. As a condition of authorizing a delay in installation, a surety or other guarantee, may be required, in a form acceptable to the Town, in the estimated amount of the installation. During any delay in installation, site management must comply with all applicable provisions for sediment and erosion control.
(16) Maintenance.
(a) All landscaping required by this chapter must always be maintained. Dead, missing, or damaged landscaping, or landscaping that supports less than 50% healthy leaf growth or shows dead branches over a minimum of 50% of the normal branching pattern must be replaced with healthy, live plants by the end of the growing season to maintain compliance with this chapter.
(b) The owner is responsible for the maintenance, repair, and replacement of all required landscaping, screening, and curbing.
(c) Fences, walls, and other barriers must be maintained in good repair. All barriers that are damaged, broken, or with failing paint must be repaired, replaced or refinished.
(d) Tree topping is prohibited. Tree topping is the practice of removing whole tops of trees, large branches or trunks from the tops of trees, leaving stubs or lateral branches that are too small to assume the role of a terminal leader.
(E) Landscape buffers.
(1) General standards.
(a) A buffer zone is required along common property lines between abutting land uses for the conditions described below. On properties with multiple owners, it is preferred that the buffer be located on private lots within a landscape easement rather than in a common area around the perimeter of the site. The owner's association must have the right to maintain or replace the required landscaping within the landscape easement if the property owner fails to do so.
(b) A buffer area is not required along a public right-of-way.
(c) The buffer area must contain natural landscape materials such as grasses, ground cover, shrubs, and trees. Parking or impervious surfaces are prohibited within the buffer area. Plant spacing should be designed to minimize sound, light, and noise impacts.
(d) If the adjacent property is undeveloped, the Plan Commission may allow the installation of the buffer to be deferred until the adjacent property is developed. A performance guarantee is required to ensure the buffer is installed when the adjoining property is developed (see § 154.161).
(e) Except for access drives or private streets, determined by the Plan Commission or Administrator to be necessary to provide safe access to a property, a building, structure, or parking lot cannot encroach into a required buffer area.
Large-Scale Multi-Family Residential Use Abutting Single-Family Residential Use Where an apartment building: large use abuts an R1, R2, or R3 district, a landscape buffer must be provided using either Option 1 or Option 2 below. | |
Option 1 | Option 2 |
20 feet minimum buffer width Plantings at a rate of one shade tree or evergreen tree and five large shrubs per 25 linear feet of shared border. | 15 feet minimum buffer width An opaque wall or fence at least six feet tall placed at least three feet inside the property line of the proposed development and plantings at a rate of three medium shrubs per 25 linear feet of shared border must be provided between the fence or wall and the property line. |
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Small-Scale Multi-Family Residential Use Abutting Single-Family Residential Use Where an apartment building: small use abuts an R1, R2, or R3 district, a landscape buffer must be provided using either Option 1 or Option 2 below. | |
Option 1 | Option 2 |
15 feet minimum buffer width Plantings at a rate of one shade tree or evergreen tree and five large shrubs per 25 linear feet of shared border. | 8 feet minimum buffer width An opaque wall or fence at least six feet tall placed at least three feet inside the property line of the proposed development and plantings at a rate of three medium shrubs per 25 linear feet of shared border must be provided between the fence or wall and the property line. |
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Commercial or Mixed-Use Abutting Residential Use Where a commercial use or mixed-use abuts a residential use, a landscape buffer must be provided using either Option 1 or Option 2 below. | |
Option 1 | Option 2 |
15 feet minimum buffer width Plantings at a rate of one shade tree or evergreen tree and three large shrubs per 25 linear feet of shared border. | 3 feet minimum buffer width An opaque wall, fence or dense (at least 75% opacity) vegetative screen at least six feet tall and plantings at a rate of one shade tree per 35 linear feet of shared border. If a fence or wall is provided, it must be placed at least three feet inside the property line of the proposed development and plantings at a rate of three medium shrubs per 25 linear feet of shared border must be provided between the fence or wall and the property line. |
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Industrial Use Abutting Residential Use Where an industrial district, building, or project abuts a residential district or a lot containing any use listed as a residential use on the Permitted Use Table, a landscape buffer must be provided using either Option 1 or Option 2 below. | |
Option 1 | Option 2 |
15 feet minimum buffer width Plantings at a rate of one evergreen tree and four large shrubs per 25 linear feet of shared border. | 3 feet minimum buffer width An opaque wall, fence or dense (at least 100% opacity) vegetative screen at least eight feet tall and plantings at a rate of one shade tree per 35 linear feet of shared border. If a fence or wall is provided, it must be placed at least three feet inside the property line of the proposed development and plantings at a rate of three medium shrubs per 25 linear feet of shared border must be provided between the fence or wall and the property line. |
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Industrial Use Abutting Commercial Use Where an industrial district, building or project abuts a commercial or industrial use, a landscape buffer must be provided by using either Option 1 or Option 2 below. | |
Option 1 | Option 2 |
10 feet minimum buffer width Plantings at a rate of one shade tree or evergreen tree and four large shrubs per 30 linear feet of shared border. | 3 feet minimum buffer width An opaque wall, fence or dense (at least 50% opacity) vegetative screen at least 6 feet tall and plantings at a rate of one shade tree per 40 linear feet of shared border. If a fence or wall is provided, it must be placed at least three feet inside the property line of the proposed development and plantings at a rate of three medium shrubs per 25 linear feet of shared border must be provided between the fence or wall and the property line. |
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(F) Street frontage landscaping.
(1) In all districts, the front yard and street side yard must be landscaped with at least one shade tree per 35 feet of street frontage (Figure 5-1) and must be planted within 25 feet of the right-of-way (Figure 5-2). If overhead electric distribution lines are present, ornamental trees with a maximum mature height of 15 feet must be planted at a rate of at least one ornamental tree per 20 feet of street frontage. For lots with a front yard less than five feet deep or where the sidewalk extends from the back of curb to the lot line, tree wells may be installed in the right-of-way to accommodate the required frontage trees (Figure 5-3 and Figure 5-4). For tree wells adjacent to sidewalks measuring five feet wide or less, the tree well opening must be covered with a tree grate or surrounded by a fence or wall at least 18 inches in height. The opening in a tree grate for the trunk must be expandable or otherwise accommodate the mature diameter of the tree.
(2) All planting in the public right-of-way may be counted toward fulfilling the requirements of this chapter.
(3) On lots adjacent to a landscaped median in the right-of-way, 50% of the vegetation in the median that meets a street frontage and front yard landscaping requirement may be credited towards the landscaping requirements of this section.
(4) Where the rear yard of a residential lot abuts or is within 50 feet of an existing public right-of-way, perimeter landscaping must be provided within a landscape area at least 15 feet wide abutting the right-of-way planted at a minimum rate of two shade trees, three evergreen trees, one ornamental tree, and 15 shrubs per 100 lineal feet. The required landscaping may be placed within a landscape easement on the lot or within a common area abutting the right-of-way.
(5) Where the rear yard of a non-residential lot abuts or is within 50 feet of an existing public right-of-way perimeter landscaping must be provided within a landscape area at least ten feet wide abutting the right-of-way planted with a minimum of three shade trees, four evergreen trees, and 25 shrubs per 100 lineal feet. This requirement also applies where the street side yard of a non-residential lot adjoins an outdoor storage area located on the lot.
(G) Parking lot landscaping. Parking lots must provide at least the following landscaping unless otherwise required by this chapter.
(1) Street frontage landscaping. In addition to required street frontage landscaping, where a parking lot is within 50 feet of a street a landscape area at least five feet wide must be provided between the parking lot and the street planted with seven medium-sized shrubs per 35 linear feet of landscape area provided. If an opaque fence or wall is installed, the shrub requirement is reduced to three small shrubs per 35 linear feet planted on the street side of the fence or wall.
(2) Interior landscaping. Any parking lot with 20 or more parking spaces must provide interior landscaping. A landscape island at least 160 square feet in area must be provided per 20 parking spaces or fraction thereof. The islands should be distributed evenly throughout the parking lot with no more than 20 parking spaces in a row between islands. Landscape islands must be at least eight feet wide and planted with one shade tree per 160 square feet of interior landscape area. Trees must be planted at least three feet from the edge of the curb or pavement.
(H) Screening.
(I) Applicability. Screening is required around all trash dumpsters, around a staging or loading/unloading areas, and around outdoor storage areas; screening is required, even if the surrounding area or adjacent properties are not developed.
(J) Requirements.
(1) Unless otherwise permitted in accordance with this section, a screen consists of a solid, sight-obscuring fence or wall meeting the following specifications:
(a) Six feet high;
(b) Enclosed on all sides and not contain openings, other than an access gate, which always remains closed when not being used. A screen around a staging or loading/unloading area may provide an opening that does not contain an access gate;
(c) Constructed of masonry, treated wood or other material approved by the Plan Commission or Administrator and must be durable, weather resistant, rust proof and easily maintained;
(d) Trash dumpsters require a masonry enclosure. The enclosure and gates must be protected by bollards or other means to prevent vehicle damage.
(2) If approved by the Plan Commission or Administrator, a screen may consist of berms and/or landscaping as a substitute for a fence or wall. The alternate design must provide the same degree, or enhanced screening as required by this section.
(Ord. 2022-17, passed 7-19-2022)
§ 154.111 LIGHTING.
(A) Purpose and intent. The purpose of this chapter is to provide minimum standards for effective, economical, and attractive outdoor lighting. It is the intent of this chapter to:
(1) Discourage excessive lighting;
(2) Minimize glare and light trespass;
(3) Create a safe environment in hours of darkness;
(4) Regulate the type of light fixtures, lamps, and standards.
(B) Applicability. These regulations apply to all newly installed or relocated outdoor lighting.
(C) Exceptions.
(1) The following are exempt from the regulations of this chapter:
(a) All hazard warning lighting required by federal and state regulatory agencies;
(b) All temporary emergency lighting required by local law enforcement, emergency service and utility departments;
(c) All traffic control and directional lighting;
(d) All underwater lighting used for the illumination of swimming pools and water features are exempt from the lamp type and shielding standards of this section;
(e) All lighting for temporary festivals and carnivals;
(f) All low wattage residential accent and landscape lighting fixtures having a maximum output of 1,600 lumens (equal to one 100-watt incandescent light) per fixture.
(2) Outdoor light fixtures permitted prior to the adoption of these regulations are exempt from the shielding requirements of this chapter. When an outdoor light fixture becomes inoperable, the replacement light fixture must comply with the standards of this chapter.
(D) Prohibitions. The following actions are prohibited:
(1) The use of any mercury vapor lamp or low-pressure sodium lamp;
(2) The use of laser source light or other similar high-intensity light for outdoor advertising;
(3) The operation of searchlights and floodlights for advertising purposes;
(4) The use of any lighting source on towers is prohibited except as required by the Federal Aviation Administration;
(5) Neon tubing, LED strip lights, and other such lighting cannot be used to outline site elements such as buildings, walls, fences, or windows.
(E) General lighting standards.
(1) All light fixtures must be fully shielded and direct light downward. Internally illuminated signs or electronic signage is exempt from this standard.
(2) Lighting sources must be directed away from reflective surfaces to minimize glare upon adjacent lots and rights-of-way.
(3) Lighting sources must be positioned in such a manner as to direct light away from adjacent lots and rights-of-way. Internally illuminated signs or electronic signage is exempt from this standard.
(4) Light pole height must not exceed 25 feet. Light fixtures in parking facilities must be designed and located to confine emitted light to the parking facility.
(5) Light fixtures must meet Town Building Code requirements.
(6) Parking lots should be illuminated with a minimum light level of one foot-candle throughout the entire parking area. Uniformity of lighting throughout the parking area should not exceed 3:1 measured as a ratio of the average light level reading taken throughout the parking area and the lowest light level reading.
(7) The color temperature of any outdoor light source must not exceed 3,500 Kelvin. Outdoor light sources used exclusively for colorful decorative illumination of certain building facade or landscape features are exempt from this requirement.
(F) Multi-family residential, business and industrial standards.
(1) All light fixtures must be positioned so that no light emitting surface is visible from a residential lot or right-of-way when viewed at ground level. Internally illuminated signs or electronic signage is exempt from this standard.
(2) Light meter readings must not exceed 0.1 foot-candles at the lot lines of any residential use and 0.3 foot-candles at the lot lines of any non-residential use.
(3) Lights on poles, stands, or mounted on a building must have a shield, adjustable reflector, and non-protruding diffuser.
(4) Canopy structures must have lights with diffusers which are recessed, and which do not extend below the surface of the canopy.
(5) Lighting under awnings and canopies must only illuminate a front building facade, a sign under an awning or canopy, or the sidewalk, but must not illuminate the awning or canopy itself.
(6) Except for security lighting, parking facility lighting must be turned off or dimmed by at least 30% within 30 minutes of closing of the last business or no later than 11:00 p.m.
(7) Outdoor sports or recreational facilities must not be illuminated after 11:00 p.m., except to conclude a scheduled recreational or sporting event in progress prior to 11:00 p.m.
(G) Sign lighting.
(1) Light fixtures used to illuminate a billboard, other than a monument sign or an internally illuminated sign, must be mounted on top of or above the sign structure and must comply with the shielding requirements of this chapter.
(2) Light fixtures used to illuminate ground mounted or monument signs may be illuminated with a ground mounted or bottom mounted light fixture, provided the light fixture is fully shielded and all light output is directed onto the sign surface.
(3) Lamps used for the internal illumination of wall signs must be turned off at 11:00 p.m. or when business closes.
(H) Lighting plans. A lighting plan for proposed outdoor lighting must include:
(1) A site plan indicating the location of all existing and proposed lighting structures, supports and light fixtures;
(2) A graphic and textual description of all existing and proposed lighting fixtures. The description may include cut sheets and illustrations by the manufacturer, lamp types, wattages, and lumen outputs;
(3) A site plan with illuminance levels superimposed on the site plan in the form of an iso foot-candle diagram or point-by-point grid diagram. Lighting levels must be depicted at ten-foot intervals or less;
(4) The iso foot-candle diagram must plot foot-candle increments of 0.5 foot-candle or less;
(5) Photometric data depicting the angle of cut off of light emissions;
(6) Any other information the Administrator determines necessary to ensure compliance with the provisions of this chapter.
(Ord. 2022-17, passed 7-19-2022)
§ 154.112 PARKING STANDARDS.
(A) Purpose and intent. The purpose of these regulations is to establish standards for off-street parking and loading of motor vehicles, ensure adequate parking and access are provided in a safe and convenient manner, and to afford reasonable protection for adjacent land uses from light, noise, air pollution and other effects of parking areas. These regulations are designed to alleviate congestion of streets by establishing minimum requirements for on-site parking, access, storage, loading, and/or unloading. Off-street parking and loading facilities must be provided and maintained for all buildings, structures, or premises according to the provisions of this chapter.
(B) General requirements.
(1) Applicability of parking requirements.
(a) When the intensity of use of any building, structure, or premises is increased through the addition of dwelling units, floor area, or other unit of measurement, additional parking and loading facilities must be provided for the increase based on the requirements.
(b) Whenever the existing use of a building, structure, or premises changes or converts to a new use permitted by this chapter, parking and loading facilities must be added, if needed, to comply with the parking requirements.
(c) When additional parking is required, the following standards apply:
1. If the added parking or loading area comprises less than 50% of the existing area used for parking or loading, only the added parking or loading facilities are required to conform to the parking requirements.
2. If the added parking or loading area comprises 50% or more of the existing area used for parking or loading, the entire parking or loading area must be brought into conformance with the parking requirements.
(d) Nothing in this chapter prevents the voluntary establishment of off-street parking or loading facilities serving existing uses if the parking requirements are met.
(e) On-street parking is permitted, subject to the rules and conditions of the jurisdiction with authority over the street. Unless otherwise provided in this section, on-street parking does not count toward off-street parking requirements.
(2) Limitations on parking areas.
(a) Required off-street parking facilities can only be used for the parking of passenger vehicles or light trucks for patrons, occupants, or employees of specified uses. Parking facilities cannot be used for storage, display, sale, repair, dismantling, or wrecking of any vehicle, equipment, or material. Inoperable vehicles cannot be stored in an off-street parking area for more than 24 hours, except for areas approved for outdoor storage of vehicles.
(b) Parking on residential properties is restricted to passenger vehicles and no more than one commercial truck or van with a maximum capacity of three tons capacity (manufacturer's rating).
(C) Required off-street parking.
(1) Except for certain residential uses, there are no minimum required parking spaces. Instead, the owner provides parking spaces based upon the number employees, expected level of customer traffic, or actual counts at similar establishments. Consideration is given to the presence of convenient municipal off-street parking or on-street spaces located adjacent to the site and if walk-in trade is reasonable due to pedestrian connections to adjacent residential neighborhoods or employment centers.
(2) The town has established a maximum number of parking spaces permitted for each use. In determining the maximum number of off-street parking spaces permitted, the following instructions apply:
(a) Off-street parking requirements are calculated based on gross square footage of the use to which the parking is accessory, or as otherwise provided on the Permitted Use Table.
(b) If the calculation of required parking spaces results in a fraction, the fraction is rounded up to the next unit and counted as one additional space.
(c) For uses not specified on the Permitted Use Table, the maximum number of parking spaces permitted is determined by the Administrator, based on requirements for similar uses, the gross square footage of the use, and the relationship between the size of the use and the number of persons served or employed.
(3) The maximum parking space requirements of this section cannot be exceeded unless approved by the Plan Commission as part of site plan review. In approving excess parking spaces, the Plan Commission determines the parking is necessary to accommodate the use on a typical day. Additional parking spaces approved by the Plan Commission must incorporate pervious paving materials to the extent practical and as subsurface conditions allow.
(4) The minimum aisle width for angled parking is:
Angle of Parking Space | Minimum Aisle Width |
30 degrees | 14 feet |
45 degrees | 18 feet |
90 degrees | 22 feet |
(D) Design standards. Off-street parking areas must be developed according to the standards of this section.
(1) Dimensions and layout.
(a) Each off-street parking space must open directly upon an aisle or driveway to provide safe and efficient vehicular access to the parking spaces aisles or driveways must remain unobstructed and always allow for the passage of emergency vehicles.
(b) Off-street parking spaces must be at least nine feet wide and 18 feet long with a vertical clearance of seven feet. Parallel parking spaces must be at least eight feet wide and 22 feet long. Parking spaces are exclusive of access drives, aisles, ramps, columns, and work area.
(2) Parking surface. Driveways and drive aisles must be surfaced with asphalt, concrete, or similar material to provide a durable and dustless surface. Gravel driveways and drive aisles are prohibited, unless approved by the Administrator for temporary uses or agricultural operations, including seasonal roadside stands. Pervious parking spaces are encouraged to reduce post-construction storm water runoff rates, volumes, and pollutant loads. The Administrator may approve the use of permeable surfaces such as pervious concrete, porous asphalt, permeable interlocking concrete pavers, and concrete or plastic grid pavers.
(3) Curbing. Curbs and gutters built per the town's construction standards are required around the perimeter of all parking facilities and landscape islands within the parking facilities to prevent a parked vehicle from extending beyond the parking area onto a street right-of-way or adjacent property and to protect landscaped areas.
(4) Residential driveways. A residential dwelling unit is limited to one driveway with a maximum width of 20 feet measured at the right-of-way line. In addition, residential driveways must be located at least 75 feet from a street intersection unless otherwise approved by the Administrator.
(5) Drainage or runoff. Parking areas must be graded and drained, so water does not flow onto adjacent property or public sidewalks. Runoff generated by parking areas must be collected in appropriate drainage facilities per the Bargersville storm water standards.
(6) Striping of parking. Parking areas must be striped and maintained to identify each parking space.
(8) Landscaping. Off-street parking areas must be landscaped in accordance with § 154.110(G).
(9) Accessible parking. Accessible parking must be provided pursuant to the Americans with Disabilities Act (ADA) of 1990, as amended, for any building or use initiated after the effective date of this chapter.
(10) Accessibility. Off-street parking or loading facilities must be designed with vehicular access to a street or alley in a manner that least interferes with traffic movement on that street or alley. Vehicle maneuvering space for parking and loading must be located on the subject property. Properties deriving access to SR 135, SR 37, or CR 144 must comply with § 154.037(G).
(11) Location of parking and loading. Off-street parking and loading spaces must be provided on the same lot as the use served, except as otherwise provided in this chapter.
(12) Stacking requirements for drive-through facilities. The following requirements apply to uses with drive-through facilities.
(a) General requirements.
1. Drive-through lanes and required stacking spaces must not interfere with parking space maneuvering aisles, parking drive aisles, loading spaces, internal site circulation, designated fire lanes or site access points.
2. Drive-through lanes and stacking spaces must be designed to prevent vehicles from stacking in the right-of-way (Figure 5-6).
3. No stacking space may occupy any portion of a right-of-way.
4. A stacking space does not constitute a parking space.
5. All drive-through and stacking lanes must be delineated with pavement markings or otherwise distinctly delineated, as approved by the Administrator.
(b) A stacking space must be at least eight feet wide and 20 feet long with direct forward access to a service window or station of a drive-through facility.
(c) A lane at least eight feet wide parallel to a drive-through lane must be provided around the drive-through facility to allow vehicles to exit the drive-through lane and circumvent the stacking lane. This lane may be part of the site's overall circulation plan.
(d) Noted below are the minimum number of required stacking spaces, excluding the position at the service window or ordering station.
1. Fast food restaurant: seven stacking spaces;
2. Financial institutions, pharmacies, takeout, and deli-style restaurant with drive-through three stacking spaces per service window;
3. All other facilities: two stacking spaces per service window;
(E) Parking options.
(1) Credit for on-street parking. Wherever on-street parking is provided in the improvement of a street, credit toward off-street parking requirements may be granted for every parking space provided. On-street parking is subject to approval by the Administrator and specifically not permitted in the following areas:
(a) On an expressway or arterial street;
(b) Within 20 feet of a corner;
(c) Within five feet of each side of a driveway or alley;
(d) Within a fire hydrant zone or other emergency access zone.
(2) Shared parking. Groups of users requiring parking spaces may create a shared parking facility if all the criteria below are met. Approval by the Plan Commission is required.
(a) Off-site, off-street parking facilities are within 600 feet of the property.
(b) Safe and convenient pedestrian uses must be provided between the parking facilities and uses.
(c) Interior vehicle access must connect the properties sharing the parking facilities.
(d) A written reciprocal parking agreement or similar document with a minimum duration of 20 years, signed by all property owners involved is required. It must include provisions for: easements (if applicable), maintenance, snow removal, ownership, and liability. The agreement must be recorded in the County Recorder's office with a copy provided to the Department. When the reciprocal parking agreement expires or terminates, the uses for which the parking was provided are considered nonconforming. Continuation or expansion of the uses is prohibited unless the use is brought into compliance with the parking regulations of this chapter.
(3) Deferred parking. When development of a site will occur in phases, the Plan Commission may defer some of the required parking until it is needed if:
(a) A site plan shows all required parking but identifies those spaces that will not be constructed until needed.
(b) Any area designated for deferred parking must be maintained in a landscaped appearance. Parking lot landscaping required for the deferred spaces can be installed when the deferred parking area is constructed.
(c) Construction of all or a portion of the deferred parking spaces may be initiated by the owner or required by the Town based on actual parking needs.
(F) Parking as a principal use. The Board of Zoning Appeals may approve parking as a principal use of property as a special exception in according to this section.
(1) Site plan. A site plan is filed with the BZA as part of the special exception application. The site plan must indicate:
(a) All individual uses to be served by the parking, including the location, use, and number of parking spaces required for each use;
(b) The location of buildings, parking areas, and access points on all adjacent properties;
(c) The site layout drawn to scale and dimensioned of proposed entrance and exit driveways, accel/decel lanes, parking spaces, setbacks, drainage facilities, structures, buildings, landscaping, and buffer screening; and
(d) Location, size, and design of proposed lighting, pavement, and signs.
(2) Setbacks and access. Proposed parking facilities shall meet the setback requirements for principal buildings.
(3) Legal encumbrance. Parking as a principal use is encumbered by an instrument approved by the town that links the parking facilities to the uses served. The instrument specifies and binds the time period to the anticipated life of the building or use the parking facility serves. The instrument is filed with the improvement location permit files of the Department and recorded in the office of the Johnson County Recorder.
(4) Changes to site plans. Any change to a site plan resulting from conditions imposed by the BZA is made to the plans and submitted to the Administrator prior to issuing the permit. Other changes, such as modifying the number of parking spaces, altering the layout, or placing or removing a structure, requires approval of a new site plan. Minor changes (see § 154.180(G)(9) are approved by the Administrator. Changes other than minor changes are approved by the BZA.
(G) Off-street loading requirements.
(1) Uses requiring loading areas. Buildings used for manufacturing, storage, warehousing, retail sales, or other uses involving the receipt or distribution of materials or merchandise must provide adequate space for loading and unloading services to avoid undue interference with streets, alleys, and parking spaces.
(2) Loading area design requirements.
(a) Loading and unloading spaces must be paved, located to the side or rear of a building, and be at least ten feet wide by 50 feet long, with 15-foot height clearance.
(b) Loading spaces and maneuvering space for loading spaces cannot use any portion of a public right-of-way, private street, or access easement.
(c) Required loading spaces do not count toward required off-street parking spaces.
(3) Number.
(a) Business and professional offices, medical facilities, schools, hotels, clubs, and similar businesses must provide one loading berth for each 100,000 square feet of space or fraction thereof.
(b) Industrial manufacturing and warehousing uses must provide one loading berth for each 40,000 square feet or fraction thereof.
(c) Other business uses must provide loading berths based upon the size of the building as follows:
5,000 to 10,000 sq. ft. | One loading berth |
10,001 to 25,000 sq. ft. | Two loading berths |
Over 25,000 sq. ft. | One additional loading berth for each 25,000 sq. ft. or fraction thereof |
(Ord. 2022-17, passed 7-19-2022)
§ 154.113 SIGNAGE.
(A) Purpose and intent. The purpose of this section is to promote the public health, safety, and general welfare through reasonable, consistent, and non-discriminatory sign standards. The sign regulations in this article are not intended to censor speech or to regulate viewpoints, but instead are intended to regulate the adverse secondary effects of signs, especially the secondary effects that may adversely impact aesthetics and traffic and pedestrian safety.
(B) Exempt signs. The following signs are exempt from this section:
(1) Government signs, including signs erected by the town for government purposes;
(2) Signs located entirely inside the premises of a building or enclosed space, other than window signs;
(3) Signs on a vehicle, other than an unlawful vehicle sign;
(4) Signs protected by state statute;
(5) Traffic control device signs;
(6) Public art, including public art murals.
(C) Prohibited signs. The following signs are prohibited unless protected by state statute, or otherwise allowed in this section:
(1) Abandoned signs;
(2) Signs that are animated, blink, flash, move, rotate, or have scrolling text;
(3) Balloon or inflatable signs;
(4) Billboards or off-premise advertising signs;
(5) Pole signs;
(6) Reflective or fluorescent signs;
(7) Signs attached to or painted on trees or natural features;
(8) Signs within the right-of-way;
(9) Signs installed, attached to, or painted on fences;
(10) Signs or sign support structures obstructing a means of egress, including any fire escape, window, door opening, stairway, exit, walkway, any utility access, or fire department connection;
(11) Signs interfering with any opening required for ventilation;
(12) Signs resembling traffic control device signs;
(13) Signs with exposed raceways;
(14) Snipe or bandit signs;
(15) Unlawful vehicle signs.
(D) Sign plans and sign program.
(1) Comprehensive sign programs. A comprehensive sign program is required for all projects consisting of multi-tenant buildings, nonresidential complexes with multiple buildings, or large-scale mixed-use developments. A comprehensive sign program provides design compatibility for all signs and integrates sign design with the architecture of the buildings. The comprehensive sign program must set design standards including: sign types, placement, size, design, colors, materials, textures, and method of illumination, as well as provide for the safe navigation for vehicles and pedestrians. If a sign subject to the comprehensive sign program complies with all the requirements of this chapter, it may be approved administratively. In determining approval, the Administrator must not base any approval on the message content of a sign.
(2) Master sign plans. The Plan Commission may approve a master sign plan as an alternative to the requirements set forth in division (I) for the following uses and developments:
(a) Multiple-tenant commercial, office, or employment uses;
(b) A multiple-building complex for a single commercial or employment use in a project exceeding 40 net acres;
(b) Stand-alone office/employment buildings exceeding 100,000 square feet;
(c) Indoor or outdoor entertainment and recreation uses;
(d) Auto malls;
(e) Hospitals;
(f) Hotels and commercial lodging having at least 150 guest rooms and a full-service restaurant or conference and meeting rooms;
(g) Regional retail shopping malls.
1. Conditions. The Plan Commission may attach conditions as necessary to assure the signs covered by the master sign plan will not be materially detrimental to persons or property in the vicinity. In making its determination, the Plan Commission must not base any condition on the message content of a sign.
2. Evaluation criteria. Master sign plans are evaluated on the following criteria:
a. Placement. Signs must be placed where they are visible and legible. Consideration is given to a sign's location relative to traffic movement and access points, site features, other structures, and orientation relative to viewing distances and angles. Wall signs may be approved on building walls other than the wall of the space occupied by the tenant in commercial centers where tenants have little or no visibility from the street.
b. Quantity. The number of signs approved within any development must be sufficient for internal traffic and navigation for vehicles and pedestrians.
c. Size. Signs must be no larger than necessary for visibility and legibility. A master sign plan must not contain a freestanding sign exceeding any maximum height standard permitted by this chapter by more than 50%. A master sign plan must not contain a wall sign exceeding any maximum sign area standard permitted by this chapter by more than 25%.
d. Design features and materials. Sign design themes and materials must be compatible with the architecture, colors, and materials of the project.
e. Development standards. The Plan Commission may not reduce any sign development standard to less than 50% of any minimum standard, nor increase any sign development standard by more than 100% of the maximum standard. The Plan Commission must not base any decision on the message content of a sign.
f. Amendments. The Administrator may approve minor amendments to a master sign plan involving noncommunicative activity, where such changes are determined to have little or no visual impact and are consistent with the intent of the original approval.
(E) Review of sign applications for permanent signs. Applications for permanent signs are considered by the Plan Commission, except for those applications subject to administrative approval by the Administrator. Approval for a permanent sign may be by:
(1) A comprehensive sign program;
(2) A master sign plan; or
(3) A separate Administrative Design Review application approved by the Administrator.
(F) General provisions for signs. The following general provisions for signs apply to this chapter and to all lawful conforming and nonconforming signs, unless otherwise indicated.
(1) Viewpoint neutrality. Unless stated to the contrary in this chapter, no sign or sign structure is subject to any limitation based upon the viewpoint of the message contained on the sign or displayed on the sign structure. It is the policy of the town to regulate signs to not favor commercial speech over noncommercial speech. The town does not regulate protected noncommercial speech by message content. Within this chapter, distinction between onsite signs and offsite signs applies only to commercial messages. It does not apply to noncommercial messages.
(2) Substitution of noncommercial speech for commercial speech. A sign may contain a noncommercial message instead of a commercial message. The noncommercial copy may be substituted in for the commercial copy. The noncommercial copy may occupy all or part of the entire sign face. The sign face may be changed from a commercial message to a noncommercial message or from one noncommercial message to another noncommercial message, provided there is no change in the sign structure.
(3) Approval criteria. When reviewing a sign permit or other sign approval, consideration is given to the following:
(a) The location and placement of the sign will not endanger motorists
(b) The sign will not interfere with the prominent view of a structure or facade of historical or architectural significance;
(c) The sign will not obstruct views of users or adjacent buildings to side yards, front yards or open space;
(d) The sign will not adversely impact the visual quality of a public open space, such as a public recreation facility, square, plaza, park, or courtyard;
(e) The sign is compatible with existing neighborhood building heights;
(f) The sign's lighting will not cause hazardous or unsafe driving conditions.
(4) Consent of legal owner of property. Except as required by state law, no sign may be displayed without the consent of the legal owner of the property where the sign is mounted or displayed.
(5) Signs on public property. Except as required by state law or otherwise permitted by this chapter, a sign installed or placed on public property is deemed illegal, forfeited to the public, and subject to confiscation. In addition to other remedies in this chapter, the town has the right to recover the cost of removal and disposal of the sign from the owner or person placing such sign.
(6) Placement of signs.
(a) An encroachment permit from the town is required prior to installing a permanent sign projecting into or over the public right-of-way.
(b) The lowest portion of any sign extending over an area intended for pedestrian use must be at least eight feet above finished grade.
(c) The lowest portion of any sign extending over an area intended for vehicular use must be at least 14 feet above the finished grade.
(d) Any sign placed on a sidewalk or other public right of way must comply with this chapter and applicable provisions of the Americans with Disability Act.
(e) Signs are prohibited within sight visibility triangles, except for appropriately placed traffic control device signs.
(7) Flag brackets and stanchions. For each principal structure on a parcel, up to two flag brackets or stanchions may be attached or placed for the display of flags.
(8) Measurement of sign area. The area of a sign is measured or calculated as follows (Figure 5-8):
(a) Background panel signs. Sign copy on a panel or area distinctively colored or constructed as a background is measured as the area contained within the sum of the geometric shapes enclosing both the sign copy and the background.
(b) Background surface signs. The area of a sign consisting of copy mounted as individual letters or graphics against a wall or building surface, that is not altered to provide a distinctive background for the sign copy, is measured as the sum of the smallest geometric shapes enclosing each word, graphic or discrete visual element in the total sign.
(c) Illuminated background signs. The area of a sign with copy on an illuminated surface is measured as the entire illuminated surface containing sign copy.
(d) Double-faced signs. If a sign has two display faces, and the interior angle between the two faces is 30 degrees or less, the sign area is one sign face only. If the two faces are different sizes, the larger sign face is used. If the sign has two display faces and the interior angle between the two faces is greater than 30 degrees, then the sign area is the sum of the areas of the two sign faces.
(e) Multi-faced signs. If a sign has three or more faces, the sign area is equal to 50% of the aggregate area of all sign faces.
(9) Measurement of sign height. The height of a freestanding sign is measured as the vertical distance from the average finished grade below the sign to the top edge of the highest portion of the sign (Figure 5-9). Any mounding or excavating solely for the purposes of increasing the height of the sign is included in this measurement. The maximum height limit excludes architectural embellishments less than 36 inches at the base of the sign and less than 18 inches at the top of the sign. For the purposes of this section, average finished grade below the sign is the lower of (a) the lowest elevation where the base of the sign meets ground level; or (b) the top of the curb of the nearest public street adjoining the property; or (c) the grade of the land at the principal entrance to the lot.
(10) Signs must provide at least six feet horizontal clearance and 12 feet overhead clearance from electrical conductors and from communications equipment or lines. Signs and their supporting structures must not interfere with surface and underground utilities or drainage systems.
(11) The Administrator or Building Commissioner may order the repair of signs declared a nuisance, and, with or without notice, may remove a structurally unsafe sign if it presents an immediate peril to the public health or safety.
(12) Replacement of a tenant sign panel containing the same design as the original on an approved sign structure with removable panels does not require a permit. Any tenant panel that is vacant or missing must be replaced within 30 days.
(13) When a tenant vacates a building suite, the fascia of the wall sign band must be repaired to its surrounding texture and color within 45 days of sign removal.
(G) Temporary signs. A temporary sign is not permanently attached to the ground, a building or another structure and is designed to be displayed temporarily. Unless otherwise provided in this section, temporary signs must meet the criteria below. A temporary sign may be displayed as a ground sign, wall sign, or a window sign.
(1) General criteria for temporary signs. A temporary sign is unlawful unless it meets the criteria established for the zoning district where it is located as described in Table 5-4. The general criteria and limitations in this section do not apply to A-frame and T-frame signs, banner signs, flying banner signs, flags, and umbrella signs.
(2) A-frame signs and T-frame signs. A-frame signs are portable, stand-alone signs comprised of two separate panels or faces joined at the top and spread apart at the bottom to form a base upon which the sign stands. A T-frame sign. Is a portable, stand-alone sign comprised of one single double-sided panel joined at the bottom to a spread apart base upon which the sign stands.
(3) A-frame signs and T-frame signs are unlawful unless they meet the criteria and limitations set forth in Table 5-5: Temporary Signs.
(a) A-frame signs and T-frame signs are permitted in all zoning districts but may be placed in single-family residential districts only in conjunction with non-residential uses.
(b) A-frame signs and T-frame signs must be located adjacent to the parcel or business advertised, supported by a base sufficient to withstand wind gusts, and maintained in good condition.
(c) A-frame signs and T-frame signs must be placed at grade level and not in medians, across the street from the business being advertised, or on multi-use pathways.
(d) The purchase and placement of A-frame signs and T-frame signs is not a substantial capital investment in the advertised business. Modification of the regulations resulting in further restriction or prohibition makes the signs illegal nonconforming signs that must comply with the new regulations.
(4) Banner signs. Banner signs are temporary signs of fabric, plastic, paper or other light pliable material not enclosed in a rigid frame. Banner signs are permitted in all zoning districts but may be placed in single-family residential districts only in conjunction with non-residential uses. Banner signs must meet the criteria and limitations in Table 5-5: Temporary Signs.
(5) Flying banner signs. A flying banner is a portable, stand-alone sign comprised of light fabric that moves with the wind, can turn 360 degrees, and is supported by a pole structure and a base. Flying banner signs must meet the criteria and limitations in Table 5-5: Temporary Signs.
(a) Flying banner signs are permitted in all zoning districts but may be placed in single-family residential districts only in conjunction with non-residential uses.
(b) Flying banner signs must be located adjacent to the parcel or business advertised, supported by a base sufficient to withstand wind gusts, and maintained in a professional manner.
(c) Flying banner signs must be placed at grade level and must not be placed in medians, across the street from the business being advertised on multi-use pathways.
(6) Sign walkers. A sign walker is a person waving "sales theme signs" with arrows at entrances to major highways or at corners of high traffic intersections directing customers to a sale. Also called sign twirlers, sign holders, human billboards. Sign walkers are permitted in all zoning districts. Sign walkers must comply with state law and meet the following criteria and limitations:
(a) Sign walkers must be located:
1. At grade level;
2. Thirty feet from a street or driveway intersection measured from the back of the curb or edge of pavement if no curb exists;
3. Five feet from the street measured from the back of curb or edge of pavement if no curb exists;
4. Sign walkers must yield right-of-way to pedestrians, bicycles and others on the sidewalks.
(b) Sign walkers must not be located:
1. In medians;
2. In parking aisles or stalls;
3. In driving lanes or driveways;
4. On multi-use pathways;
5. Where less than four feet clear passage is provided on a sidewalk or pathway;
6. On fences, planters, other signs, vehicles, utility facilities, or any structure;
7. Within 20 feet from any other sign walker;
8. In a manner that results in sign walkers physically interacting with motorists, pedestrians, or bicyclists.
(c) The sign must be displayed only when the business is open to conduct business and always held, worn, or balanced.
(d) The following are prohibited:
1. Any form of illumination, including flashing, blinking, or rotating;
2. Animation on the sign;
3. Mirrors or other reflective materials; or
4. Attachments including balloons, ribbons, speakers.
(7) Temporary residential subdivision signs. Temporary residential subdivision signs are permitted in single-family residential districts for each builder in a recorded subdivision plat. Temporary residential subdivision signs must meet the criteria and limitations set forth in the Table 5-5: Temporary Signs.
(8) Offsite temporary signs on private property. Offsite temporary signs are permitted in all zoning districts on unimproved lots or parcels of ten acres or more subject to criteria and limitations set forth in Table 5-5: Temporary Signs.
(H) Permanent sign lighting and changing message displays. The following general criteria and limitations for lighting and changing message displays must apply to permanent signs.
(1) General lighting standards. The illumination of signs must meet all regulations of the lighting standards in § 154.111.
(a) Except for changing message displays and marquee signs, any flashing, blinking, reflective, animated, or rotating lights, or signs with intermittent or varying intensity of illumination are prohibited.
(b) Exposed light sources are prohibited except for marquee signs. Light sources must be shielded to prevent light trespass onto adjacent properties.
(c) Exposed neon tube type illumination can only be used in commercial districts, subject to administrative approval of a comprehensive sign program or master sign plan. Exposed neon tubing must be appropriately sized. Exposed neon tube type illumination is prohibited in all other zoning districts.
(2) Sign illumination.
(a) Permanent sign on a parcel in a residential district. Except for an identification sign at the entrance of a residential subdivision, a permanent sign located on a parcel in a residential district cannot be separately or specially illuminated, unless otherwise specified in this chapter.
(b) Permanent sign on a parcel in a nonresidential district. A permanent sign on a parcel in a nonresidential district may be illuminated by internal illumination, internal indirect (halo) illumination, or lit by external indirect illumination, unless otherwise specified in this chapter.
(c) Internal illumination. Outdoor internally illuminated signs must be constructed with an opaque background and translucent letters or other graphical elements, or with a colored background and lighter letters or graphics.
(d) External indirect illumination. Externally lit signs must be illuminated only with steady, stationary, and shielded light sources directed solely onto the sign. Light bulbs or tubes (excluding neon) used for illuminating a sign must not be visible from the adjacent public rights-of-way and residential properties.
(e) Illumination of signs adjacent to single family residential uses. Signs located within 50 feet of a singlefamily district cannot be internally illuminated.
(3) Manual changing message displays. One-half the area of a freestanding monument or marquee sign may be a manual changing message display, subject to the criteria and limitations of this chapter.
(4) Electronic changing message displays. An electronic changeable message sign is a portion of a sign where copy and images are changed electronically, including a sign with a fixed or changing display/message composed of a series of lights that is changed through electronic means. The entire sign face of a freestanding monument, tower sign, and freeway sign may be an electronic changing message display if located within a zoning district where allowed and subject to the following operational limitations. For nonresidential uses in residential districts, one-half of the sign face of a freestanding monument sign may be an electronic changing message display, subject to the following operation limitations.
(a) Display. An electronic changing message display may be in full color.
(b) Minimum display time. An electronic changing message display must not change more than once every eight seconds.
(c) Transition method. An electronic changing message display must change by an instant change method.
(d) Illumination levels. An electronic changing message display must incorporate automatic dimming technology that adjusts to ambient light conditions. Displays must have a brightness level no greater than 0.3-foot candles above ambient light conditions.
(e) Maintenance. An electronic changing message display that ceases to operate in its normal programmed manner must be repaired or disconnected within 48 hours of the initial malfunction.
(I) Permanent sign types. The following types of permanent signs are allowed in one or more zoning districts, as more specifically set forth below.
(1) Street address signs.
(a) A sign permit is not required for street address signs.
(b) Each single-family dwelling unit must be clearly identified by a street address for first responders to locate the dwelling unit. The street address sign is a maximum of three square feet in sign area.
(c) Each multi-family dwelling unit must be clearly identified by a street address sign for first responders to locate the unit. The street address sign may be externally illuminated. The street address sign or unit and building identification signs is a maximum of six square feet in sign area.
(d) Each location of a business or nonresidential use must be clearly identified by a street address for first responders to locate. The street address sign may be externally or internally illuminated. The street address sign is a maximum of six square feet in sign area.
(2) Unit and building identification signs.
(a) A sign permit is not required for unit and building identification signs.
(b) Each multi-family dwelling unit must be clearly identified by a unit and building identification sign for first responders to locate unit, unless the unit or building has a street address sign that is specific to that unit. The unit and building identification sign may be externally illuminated and is a maximum of six square feet in sign area.
(c) Each location of a business or nonresidential use must be identified by a unit and building identification sign for first responders to locate the unit. The unit and building identification sign may be externally illuminated and is a maximum of six square feet in sign area.
(3) Wall signs in residential uses. A wall sign is any sign attached parallel to a wall, painted on the wall surface, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface.
(a) Each single-family dwelling unit may have one permanent wall or ground sign not exceeding three square feet in size and not exceeding two feet in height if placed as a ground sign. This sign is allowed in addition to the required street address sign for a single-family dwelling unit.
(b) Each individual dwelling unit in a multi-family dwelling unit may have one permanent wall or ground sign not exceeding three square feet in size and not exceeding two feet in height if placed as a ground sign.
(4) Wall signs in nonresidential uses.
(a) Design. Wall signs must fit proportionally with building massing and architectural features of the elevation.
(b) Length. The length of a wall sign must not exceed 80% of the horizontal length of the exterior building elevation of a tenant suite.
(c) Height. The height of a wall sign is 80% of the vertical dimension of the sign band or wall space on which the sign is placed.
(d) Placement. Wall signs must maintain a minimum clearance between the top of the sign and the top of the parapet wall equal to half of the vertical dimension of the largest letter in the sign. Top floor signage located on multi-story buildings may span floor plates.
(e) Wall signs on building elevations abutting property designated for residential use in the Comprehensive Plan must:
1. Not be illuminated;
2. Not exceed 16 square feet in sign area; and
3. Be installed no higher than 14 feet above grade.
(f) Wall sign area: buildings one-story in height. Wall signs on a building one-story in height must conform to the following criteria:
1. Each tenant suite is permitted a wall sign which may be located on any exterior wall of the tenant or user suite.
2. Each tenant suite is limited to a wall sign with a sign area no greater than the total sign allowance area defined below for: (i) the longest building elevation of the tenant or user suite facing the street; or (ii) the length of the building elevation of the tenant suite where its principal entrance is located.
3. For buildings set back 75 feet or less from the right-of-way, the sign allowance area is one square foot of sign area for each lineal foot of the building elevation adjacent to the suite. For buildings set back more than 75 feet from the right-of-way, the sign allowance area is 1.5 square feet of sign area for each lineal foot of building elevation adjacent to the suite.
4. Buildings with at least two building elevations facing streets and/or main private circulation drives are permitted double the sign allowance area. Signs may be located on more than two elevations if the maximum allowance is not exceeded. In no event can the double sign allowance area be used on a single elevation.
5. Approval is required through a comprehensive sign program and/or a master sign plan if the building is a multi-tenant building.
(g) Wall sign area: buildings two stories in height. Wall signs on multiple floors of a building two stories in height must conform to the following criteria.
1. Individual tenant signs located on the first floor of a building two stories in height are subject to the same criteria as tenant signs for a building one-story in height, as set forth in division (F)(4)(f)) above.
2. Individual tenant signs and building signs located on the second floor of a building two stories in height is 32 square feet in sign area. Individual tenant signs and any building signs may be placed on any approved sign band or wall space on the second floor. The maximum wall sign area, including all tenant signs and building signs, must not exceed 50% of the lineal building elevation on the second floor.
3. Buildings with at least two building elevations facing streets and/or main private circulation drives are permitted double the sign allowance area. Signs may be located on more than two elevations if the maximum allowance is not exceeded. The double sign allowance area cannot be used on a single elevation.
4. Approval is required through either a comprehensive sign program or a master sign plan.
(h) Wall sign area: buildings three or more stories in height. Wall signs located on buildings three or more stories in height are limited to the first floor and top floor and must conform to the following criteria.
(i) Individual tenant signs located on the first floor are subject to the same criteria as tenant signs for a building one story in height, as set forth in division (F)(4)(f) above.
(j) The sign area for a wall sign on the top floor is not counted against the sign allowance area of a wall sign on the first floor. Wall signs located on the top floor are limited to either: (a) one building sign and one tenant sign or (b) two tenant signs. A wall sign located on the top floor must adhere to the criteria contained in Table 5-7: Top Floor Sign Area and Height Standards for On-Premise Wall Signs. The maximum sign area for a wall sign on the top floor cannot be increased through a comprehensive sign program or master sign plan.
(k) Buildings with two building elevations facing streets and/or main private circulation drives are permitted double the sign allowance area. Signs may be located on more than two elevations if the maximum allowance is not exceeded. The double sign allowance area be used on a single elevation.
(l) Approval is required through either a comprehensive sign program or a master sign plan.
(5) Wall signs for nonresidential uses in residential zoning districts.
(a) Design. Wall signs must fit proportionally with building massing and architectural features of the elevation.
(b) Length. The length of a wall sign must not exceed 80% of the horizontal length of the exterior building elevation of a tenant suite.
(c) Height. The height of a wall sign must not exceed 80% of the vertical dimension of the sign band or wall space on which the sign is placed.
(d) Placement. Wall signs must maintain a minimum clearance between the top of the sign and the top of the parapet wall equal to half of the vertical dimension of the largest letter in the sign. Top floor signage located on multi-story buildings may span floor plates.
(e) Wall signs on building elevations abutting property designated for residential use in the Comprehensive Plan must:
1. Not be illuminated;
2. Not exceed 16 square feet in area; and
3. Be installed no higher than 14 feet above grade.
(6) Wall sign area: buildings one or more stories in height. Wall signs must only be located on one floor of a single-story or multi-story building and must meet the following criteria.
(a) Each tenant suite is permitted a wall sign with a minimum sign area of 32 square feet on any exterior wall of the tenant suite on the first floor of the one-story building.
(b) Each tenant suite is limited to a total wall sign area no greater than the total sign allowance area, defined below for (i) the longest building elevation of the tenant suite facing the street; or (ii) the length of the building elevation of the tenant suite where the principal business entrance is located.
(c) For buildings set back 75 feet or less from the right-of-way, the sign allowance area is one square foot of sign area for each lineal foot of the building elevation adjacent to the suite. For buildings set back more than 75 feet from the right-of-way, the sign allowance area is 1.5 square feet of sign area for each lineal foot of building elevation adjacent to the suite.
(d) A tenant suite with two or more building elevations facing streets and/or main private circulation drives is permitted twice the sign allowance area. The double sign allowance cannot be used on a single elevation.
(e) If the top floor of a multi-story building is chosen for the allowable wall signs, the top floor wall signs are limited to either (i) one building sign and one tenant sign; or (ii) two tenant signs. A wall sign on the top floor must adhere to the criteria contained in Table 5-7: Top Floor Sign Area and Height Standards for On-Premise Wall Signs. The maximum sign area for a wall sign on the top floor cannot be increased through a comprehensive sign program or master sign plan.
(f) Approval is required through a comprehensive sign program or master sign plan.
(7) Painted wall signs. In business districts, painted wall signs are permitted on any exterior building wall of the tenant suite. The sign area of a painted wall sign must be included in the sign allowance area. Painted wall signs may be indirectly illuminated with lighting fixtures that are decorative and architecturally compatible with the building.
(8) Wall signs at entrances to non-residential tenant offices or suites. Each nonresidential tenant suite may have one permanent wall sign not to exceed three square feet in area. This allowed sign is in addition to any required street address sign and unit and building identification sign. A sign permit is not required for this type of sign.
(9) Wall signs at entrances to restaurants. In addition to any other wall sign allowance, a restaurant is allowed one wall sign installed within ten feet of its main entrance. The wall sign is six square feet in area and six feet in height. The wall sign may be internally or externally illuminated.
(10) Wall signs at service and delivery entrances. In addition to any other wall sign allowance, a service or delivery entrance is allowed one permanent wall sign installed within ten feet of its entrance. The wall sign is six square feet in area and six feet in height. The wall sign may be internally or externally illuminated.
(11) Window signs. A window sign is any sign that is placed inside a window or upon the windowpanes or glass either inside or outside the building and is visible from the exterior of the structure. Window signs are permitted in all zoning districts but may be placed in single-family residential districts only in conjunction with nonresidential uses as a permanent wall sign. The window sign cannot cover more than 25% of the window area. Window signs may be internally illuminated. A sign permit is not required for a window sign.
(12) Door signs. Door signs are permitted provided that the door sign does not cover more than 25% of the door area. Door signs must not be illuminated. A sign permit is not required for a door sign.
(13) Wall-mounted cabinet signs. A cabinet sign is a three-dimensional enclosed structure which includes all messages and copy with a single or double sign faces. Permanent wall-mounted cabinet signs are allowed in nonresidential districts and must be stylized in shape to reflect the shape of the image printed on the sign face or the molded sign face, with embossed sign copy or sign copy in relief. This provision does not apply to canopy signs for service islands regulated in division (26). This provision does apply to projecting signs and projecting roof signs.
(14) Projecting signs. A projecting sign is a double-faced sign attached to a building or wall and extending perpendicular to the face of the building or wall not more than 48 inches. In business districts, permanent projecting signs are allowed when affixed to the exterior building wall of the tenant suite. The allowable sign area must be included in the maximum sign area allowed in division (F) and when combined with any other sign area, must not exceed the maximum sign area. Projecting signs may be internally or indirectly illuminated. Lighting fixtures must be decorative and architecturally compatible with the building. Projecting signs must be stylized in shape to reflect the shape of the image printed on the sign face. Fixtures used to affix the projecting sign to building walls must be decorative and architecturally compatible with the building.
(15) Projecting roof signs. A roof sign is erected and constructed wholly on and over the roof of a building and supported by the roof structure. In business districts, permanent projecting roof signs are allowed subject to the same criteria set forth above for projecting signs. However, the height of a projecting roof signs must not exceed the height of a roofline or parapet by more than 25% of the overall height of the sign. The Planning Commission may approve heights greater than the 25% through a comprehensive sign program, master sign plan, or a design review application, when the proposed plan or application demonstrates that the projecting roof sign is incorporated into the building's architecture. A projecting roof sign incorporated into the building's architecture must not exceed the height of the building's roofline or parapet by more than 30% of the overall sign height.
(16) Suspended signs. A suspended sign is suspended from a roof overhang of a covered porch or walkway, which identifies the tenant of the adjoining space. In business districts, one permanent suspended sign is allowed for each permitted tenant building elevation. The sign must be suspended from a roof overhang of a covered porch or walkway adjacent to the exterior building wall of the tenant. The sign area is a maximum of six square feet. The size of the suspended signs is not included in the maximum sign area set forth in division (I). Suspended signs may be indirectly illuminated. Lighting fixtures must be decorative and architecturally compatible with the building.
(17) Drive-through lane signs. A drive-through lane sign is oriented to occupants of vehicles using a drive-through lane at an establishment offering transactions through a window, with or without ordering capability. No more than two drive-through lane signs are allowed for each drive-through lane serving a business establishment. The signs may be either a wall mounted sign or a ground sign. The signs must be no larger than 50 square feet and seven feet high. A drive-through ground sign must be constructed with a solid base.
(18) Freestanding sign: monument signs. A freestanding sign is erected or mounted on its own self-supporting structure or base detached from any supporting elements of a building, wall, or fence. A monument sign is not attached to or painted on a building, but which is mounted on a wall or structure and permanently attached to the ground. Permanently attached means that the supporting structure of the sign is attached to the ground by a concrete foundation. Monument sign structure bears no visible freestanding poles.
(a) For a nonresidential use in a residential district, one onsite monument sign is permitted for any lot or parcel with a minimum of 100 feet of street frontage. One additional monument sign is permitted for each additional 300 feet of street frontage. The maximum size of a monument sign is 32 square feet and eight feet high. Monument signs must be set back at least ten feet from the right-of-way.
(b) In business, industrial, and mixed-use zoning districts, one onsite monument sign is permitted for any lot or parcel with a minimum of 100 feet of street frontage. One additional monument sign is permitted for each additional 300 feet of street frontage. The height of a monument sign must be no greater than 12 feet to the top of design embellishments, and the sign face must be located between two feet and ten feet above grade with design embellishments added to the top, sides, or bottom of the sign. The maximum area of a monument sign is 60 square feet. Monument signs must be set back a minimum of ten feet from the right- of-way. Monument signs must maintain a minimum spacing of 100 feet from any other monument sign on the same street frontage.
(19) Freestanding sign: tower signs. A tower sign is a freestanding sign greater than eight feet and not more than 15 feet in height. In business zoning districts for retail centers exceeding 40 acres, and in the industrial and mixed-use zoning districts for sites that abut a freeway and exceed 40 acres, one onsite tower sign is permitted for each 500 feet of street frontage, provided the total number of all freestanding signs, including monument signs, must not exceed one sign per 300 feet of street frontage. The maximum height of a tower sign is 15 feet. The maximum sign area of a tower sign is 80 square feet. The maximum sign area of a tower sign may be increased by an additional 20 square feet for the identification of tenants or occupants of suites 5,000 square feet or less. Tower signs must be set back a minimum of ten feet from the right-of-way. Tower signs must maintain a minimum spacing of 300 feet from any other freestanding sign on the same street frontage.
(20) Freestanding sign: onsite traffic directional signs. In the business, industrial, and mixed-use zoning districts, onsite traffic directional signs are permitted as necessary to assist in movement of vehicular traffic on a property for the safety of pedestrian and vehicle traffic. The maximum sign area of an onsite traffic directional sign is three square feet, and the maximum height of onsite traffic directional sign is three feet. An onsite traffic directional sign must be set back at least 25 feet from the right-of-way and not be located within the required perimeter landscape area. Onsite traffic directional signs are not counted as part of a maximum or total sign area for any use and do not require a sign permit.
(21) Freestanding sign: residential subdivision entry signs. A development gateway and entry sign is placed at the street entrance to a single family subdivision, multiple family development, planned unit development, office park or similar consolidated development, identifying the name of the subdivision or development. A residential subdivision entry sign at the principal entries to residential subdivisions may have one entry sign on each side of the street. For entrances with a median, the entry sign may be placed in the median. The maximum sign area of the residential subdivision entry sign is 25 square feet, and the maximum height is eight feet. The residential subdivision entry sign must be set back a minimum of ten feet behind the right-of-way. A residential subdivision entry sign must be indirectly illuminated. The residential subdivision entry sign must be incorporated into the design of an entry wall, which must be architecturally compatible with other subdivision improvements. Residential subdivision entry sign structures require approval by the Plan Commission or Administrator as part of the subdivision site plan. Residential subdivision entry sign structures added following the initial development of the subdivision require administrative design review approval.
(22) Freestanding sign: multi-family complex entry signs. A multi-family complex entry sign at the principal entries to a multi-family complex may have one entry sign on each side of the street. The maximum sign area of a multi-family complex entry sign is 32 square feet, and the maximum height is eight feet. The multi-family complex entry sign must be set back a minimum of ten feet behind the right-of-way. A multi-family complex entry sign must be indirectly illuminated. A multi-family complex entry sign structure must be architecturally compatible with the complex.
(23) Freestanding sign: directory sign. A directory sign shows the locations of tenants in a multi-tenant commercial, office, or employment complex, or tenants in a multi-family residential project. In the business, industrial, and mixed-use zoning districts, one directory sign is permitted for every four commercial tenants or uses. The maximum sign area of the directory sign is 40 square feet, and the maximum height of the directory sign is eight feet. A directory sign must only be installed onsite within landscape islands or pedestrian areas.
(24) Awning signs. An awning sign is painted, installed, attached, applied to, or located directly on an awning. In business districts, an awning sign may be located on the valance of an awning. Graphics must be permanently affixed to the awning and may be silkscreened, painted, cutout lettering heat color transfer, pressure sensitive vinyl films, sewn applique signs, etc. An awning sign may be indirectly illuminated or backlit. An awning sign must not obstruct sidewalks, accessible paths of travel, or the visibility of other signs. Lighting fixtures must be decorative and architecturally compatible with the building.
(25) Marquee signs. A marquee sign is painted, installed, attached, applied to, or located directly on a marquee. In business districts, a marquee sign may be located on a marquee that is approved by the Plan Commission as part of a design review application, a comprehensive sign program or master sign plan. A marquee sign must only be located at the primary entrance of the tenant suite to which it is appurtenant. The colors, materials, and design of a marquee sign must complement the design of the building it serves. A marquee sign may be internally or indirectly illuminated. Marquee signs must not be visible from adjacent residential properties. A marquee sign may include a manual changing message display. Sign copy must be changed manually. Electronic or mechanical sign copy change is prohibited. A marquee sign must not obstruct sidewalks, required accessible paths of travel, or the visibility of other signs. Lighting fixtures must be decorative and architecturally compatible with the building.
(26) Canopy signs for service islands. A canopy sign is mounted permanently on or under a service island canopy. Each service island can have up to two canopy signs per service island. The maximum sign area of a canopy sign is 12 square feet. No part of the sign must project from a canopy wall by more than six inches. The height cannot exceed 80% of the vertical dimension of the canopy wall. The sign area of a canopy sign does not count against the maximum sign area allowed for wall signs on the parcel.
(27) Historic markers. A historic marker commemorates a historic person or event, or identifying a historic place, structure, or object. One historic marker per parcel is allowed. The maximum sign area of a historic marker is six square feet. A sign permit is not required for a historic marker.
(J) Permitted permanent signs by zoning district. The permanent sign types allowed by zoning district and the applicable permitting plan, program, or other review process are set forth below in Table 5-8: Permitted Permanent Signs by Zoning District. Refer to each sign type for criteria and limitations as specified in division (I).
(K) Sign maintenance. Maintaining legal signs is allowed without a permit. Sign maintenance is the replacement or repair of a part of a sign required by ordinary wear, tear, or damage, with like material, color, and design. Maintenance of legal signs does not include changing the color, size, design, or style of signs. Any sign or component which is damaged and constitutes a danger to public safety must be promptly repaired or replaced. Surface materials and components must be kept free of chipping, peeling, fading, cracks, holes, buckles, warps, splinters, or rusting visible from an adjacent property or street. Illuminated signs must be maintained in good operating condition including prompt removal and replacement of all defective lamps, damaged electrical wiring, and malfunctioning control devices and related circuitry.
(L) Nonconforming signs.
(1) If a nonconforming sign becomes an abandoned sign, it must be removed after notice to the property owner, unless the property owner establishes sufficient facts to refute the presumption of abandonment. An abandoned sign is a sign not operated or maintained for 180 calendar days or longer. An abandoned sign includes a sign on which is advertised a business that is no longer doing business on the parcel where the sign is located. An abandoned sign includes a sign for a purpose for which the purpose has lapsed. The following conditions shall be considered as the failure to operate or maintain a sign:
(a) The sign displays advertising for a product or service which is no longer available;
(b) The sign displays advertising for a business which is no longer licensed; or
(c) The sign is blank.
(2) If a property or development is expanded or modified to add new signage, all nonconforming signs must be removed or rebuilt to comply with the provisions of this chapter.
(3) Sign faces may be replaced on non-conforming signs.
(4) Changes to a property that add or alters existing signage is prohibited until all non-conforming signs are removed or rebuilt in conformance with this chapter. Existing signage not conforming to the restrictions on cabinet signs or raceways need not be brought into conformance if demonstrated to the Administrator that the signage permitted by this chapter is not structurally feasible.
(M) Sign violations.
(1) Requirement of permit. Unless specifically exempted, it is unlawful for any person to construct, install, attach, place, paint, alter, relocate, or otherwise maintain any sign in the town without first obtaining a sign permit in according to the provisions of this chapter.
(2) Requirement of compliance. Signs must be installed, placed, or maintained in the town only in compliance with this chapter. Signs maintained contrary to the provisions of this chapter are declared to be nuisances and may be abated as provided by law. The responsibility for compliance with this chapter rests upon the sign owner, the permit holder, and parties holding the present right of possession and control of the property where a sign is located, mounted, or installed, and the legal owner of the lot or parcel, even if the sign was installed without the consent or knowledge of the owner and/or other parties holding the legal right to immediate possession and control. Signs not in compliance with this chapter are subject to enforcement proceedings as specified in §§ 154.180 to 154.183.
(N) Sign regulation tables.
Standard | Residential Districts | Non-Residential Districts |
Standard | Residential Districts | Non-Residential Districts |
Maximum number of signs per parcel | 41 | 4 |
Maximum sign area | 6 sq. ft. | 32 sq. ft. |
Sign height maximum for a freestanding sign2 | 4 ft. | 6 ft. |
Sign height maximum for a wall sign (inclusive of a window sign3) | 6 ft. | 15 ft. |
Minimum setback/distance from right-of-way4 | 10 ft. | 10 ft. |
Minimum spacing from any other sign (temporary sign or permanent sign)2 | 15 ft. | 15 ft. |
Permit required | No | No |
Incorporation of florescent color or exhibition of florescence allowed | No | No |
Permission of owner required | Yes | Yes |
Allowed within a sight visibility triangle | No | No |
Allowed on public sidewalk/right-of-way5 | No | No |
Duration allowed after conclusion of an event if sign pertained to an event | 3 days | 3 days6 |
Lighting or Illumination Allowed | No | No |
Movement Allowed | No | No |
Notes: 1 In single-family residential districts, each single-family residential use with at least one principal structure may place up to six offsite temporary signs on private property for the purpose of directing the public to a residential activity (e.g. real estate open house, garage/yard sale, estate sale). The signs must be displayed only during the hours the single-family residence is open for public inspection. 2 Not applicable to signs displayed on flagpoles. 3 Window Signs cannot cover more than 25% of the first-floor window area. 4 Minimum sign setbacks are measured from the edge of the property line. Setbacks do not apply to wall signs or signs affixed to a temporary construction fence. 5 Government signs displaying government speech are exempt from regulation under this chapter. 6 Temporary signs advertising the grand opening of a business or other enterprise may be placed no more than two weeks prior to the date of the grand opening and must be removed within two weeks of the grand opening. | ||
Standard | A-Frame and T-Frame Signs | Banner Signs | Flying Banner Signs |
Maximum Number of Signs | 4 per business1 | 1 | 4 per business1 |
Maximum Sign Area | N/A | 40 sq. ft. per side for occupancies up to 5,000 sq. ft.; 80 sq. ft. per side for occupancies 5,000 sq. ft. to 15,000 sq. ft.; 120 sq. ft. per side for occupancies 15,000 sq. ft. to 50,000 sq. ft.; or 180 sq. ft. per side for occupancies greater than 50,000 sq. ft. | 12 sq. ft. |
Maximum Width | 31" | N/A | N/A |
Maximum Height | 45" | 8 ft. if displayed as a freestanding sign | 15 ft. |
Minimum Setback/Distance from Roadway3 | 5 ft. | 10 ft. if displayed as a ground sign | 10 ft. from edge of curb or a distance equal to the height of the sign, whichever is greater |
Maximum Width of Public Sidewalk the Sign May Obstruct | No more than 1/3 of the width of a public sidewalk and must provide at least 4 ft. of sidewalk clearance | 0 ft. | No more than 1/3 of the width of a public sidewalk and must provide at least 4 ft. of sidewalk clearance |
Maximum Distance of Sign from Premises2 | 10 ft. | N/A | N/A |
Minimum Distance from an Access Drive or Street Intersection | N/A | N/A | 30 ft. |
Minimum Spacing from any Other Sign (temporary sign or permanent sign)4 | 20 ft. | 15 ft. | 20 ft. |
Duration | Only during hours when business is open | No more than 120 days per year, aggregate | Only during hours when business is open |
Allowed on Public Sidewalk/ Right- of-Way | Yes | No | Yes |
Permission of Owner Required | Yes | Yes | Yes |
Allowed within a Sight Visibility Triangle | No | No | No |
Lighting or Illumination Allowed | No | No | No |
Permit Required | No | Yes | No |
Movement Allowed | No | No | Yes |
Incorporation of Florescent Color or Exhibition of Florescence Allowed | No | No | No |
Notes: 1 The combined total number of A-Frame, T-Frame, and flying banner signs cannot exceed 4 per business. 2 Setbacks do not apply to a banner sign displayed on a wall, a wall sign, or signs affixed to a temporary construction fence. 3 Signs may be allowed at the perimeter of a multiple-tenant commercial/office complex or employment park, but only pursuant to an approved sign plan. 4 Not applicable to signs displayed on flagpoles. 5 The maximum aggregate sign area of all temporary residential subdivision signs is 256 square feet. | |||
Standard | Principal Entry(ies) | Model Home(s) | Perimeter Subdivision Open Space | Offsite Temporary Signs on Private Property |
Standard | Principal Entry(ies) | Model Home(s) | Perimeter Subdivision Open Space | Offsite Temporary Signs on Private Property |
Maximum Number of Signs | 1 per entry | 1 or more | 1 per street frontage | 1 |
Maximum Sign Area | 32 sq. ft.5 | 96 sq. ft.5 | 32 sq. ft.5 | 32 sq. ft. |
Maximum Width | N/A | N/A | N/A | N/A |
Maximum Height | 8 ft. | 12 ft. | 8 ft. | 8 ft. |
Minimum Setback/Distance from Roadway3 | 10 ft. (5 ft. if less than 32 sq. ft.) | 10 ft. (5 ft. if less than 32 sq. ft.) | 10 ft. (5 ft. if less than 32 sq. ft.) | 10 ft. |
Maximum Width of Public Sidewalk the Sign May Obstruct | 0 ft. | 0 ft. | 0 ft. | 0 ft. |
Maximum Distance of Sign from Premises2 | N/A | N/A | N/A | N/A |
Minimum Distance from an Access Drive or Street Intersection | N/A | N/A | N/A | N/A |
Minimum Spacing from any Other Sign (temporary sign or permanent sign)4 | N/A | N/A | N/A | 100 ft. |
Duration | 3 years or until the model home is permanently closed, whichever is first | 3 years or until the model home is permanently closed, whichever is first | 3 years or until the model home is permanently closed, whichever is first | 1 year |
Allowed on Public Sidewalk/ Right-of-Way | No | No | No | No |
Permission of Owner Required | Yes | Yes | Yes | Yes |
Allowed Within a Sight | ||||
Visibility Triangle | No | No | No | No |
Lighting or Illumination Allowed | No | No | No | No |
Permit Required | Yes | Yes | Yes | Yes |
Movement Allowed | No | No | No | No |
Notes: 1 The combined total number of A-Frame, T-Frame, and flying banner signs cannot exceed 4 per business. 2 Setbacks do not apply to a banner sign displayed on a wall, a wall sign, or signs affixed to a temporary construction fence. 3 Signs may be allowed at the perimeter of a multiple-tenant commercial/office complex or employment park, but only pursuant to an approved sign plan. 4 Not applicable to signs displayed on flagpoles. 5 The maximum aggregate sign area of all temporary residential subdivision signs is 256 square feet. | ||||
Facing Street Type | Sign Height (feet) from Finish Floor Level to Top of Sign* | Maximum Allowable Size of Sign Face (sq. ft.) |
Local/Collector | 40+ | Per Code; or 1% of the area of the elevation to which it is attached, whichever is greater |
Arterial | 40+ | Per Code; or 1% of the area of the elevation to which it is attached, whichever is greater |
Freeway | 40+ | Per Code; or 1% of the area of the elevation to which it is attached, whichever is greater |
Notes: * Unless approved signage spans floor plates. | ||
Sign Type | Residential Districts | Non- Rresidential Uses in Residential Districts | Business Districts | Industrial Districts | Mixed- Use Districts |
Sign Type | Residential Districts | Non- Rresidential Uses in Residential Districts | Business Districts | Industrial Districts | Mixed- Use Districts |
1. Street Address Signs | Yes | Yes | Yes | Yes | Yes |
2. Unit and Building Identification Signs | Yes | Yes | Yes | Yes | Yes |
3. Wall Signs at Entrances to Dwelling Units | Yes | Yes | Yes | Yes | Yes |
4. Painted Wall Signs | No | No | Yes | No | Yes |
5. Wall Signs at Entrances to Non-residential Tenant Offices and Suites | No | No | Yes | Yes | Yes |
6. Wall Signs at Entrances to Restaurants | No | No | Yes | Yes | Yes |
7. Wall Signs at Service and Delivery Entrances | No | No | Yes | Yes | Yes |
8. Window Signs | No | Yes | Yes | Yes | Yes |
9. Door Signs | Yes | Yes | Yes | Yes | Yes |
10. Wall-Mounted Cabinet Signs | No | No | Yes | Yes | Yes |
11. Projecting Signs | No | No | Yes | No | Yes |
12. Projecting Roof Signs | No | No | Yes | No | No |
13. Suspended Signs | No | No | Yes | No | Yes |
14. Drive-Through Lane Signs | No | No | Yes | Yes | Yes |
15. Freestanding Sign: Monument Signs | No | Yes | Yes | Yes | Yes |
16. Freestanding Sign: Tower Signs | No | No | Yes | Yes | Yes |
17. Freestanding Sign: Freeway Signs | No | No | Yes | Yes | Yes |
18. Freestanding Sign: Onsite Traffic Signs | No | No | Yes | Yes | Yes |
19. Freestanding Sign: Residential Subdivision Entry Signs | Yes | No | No | No | No |
20. Freestanding Sign: Multi-Family Complex Entry Signs | Yes | No | Yes | No | No |
21. Freestanding Sign: Directory Signs | No | No | Yes | Yes | Yes |
22. Awning Signs | No | No | Yes | No | Yes |
23. Umbrella Signs | No | No | Yes | No | Yes |
24. Canopy Signs for Service Islands | No | No | Yes | Yes | Yes |
25. Historic Markers | Yes | Yes | Yes | Yes | Yes |
Yes = Allowed No = Prohibited | |||||
(Ord. 2022-17, passed 7-19-2022)