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Berne City Zoning Code

SIGN STANDARDS

§ 152.165 TITLE.

   This subchapter shall be known as the City of Berne Sign Standards.
(Ord. 570, passed 2-26-07)

§ 152.166 PURPOSE AND INTENT.

   The purpose of this subchapter is to maintain and enhance the aesthetics along community streets, roads and highways in the city through the control of signs on all such streets, roads and highways. These regulations are intended to enhance pedestrian and traffic safety; limit the intrusion of visual messages; avoid excessive signage; minimize the adverse effects of signs on public and private property values; encourage native plants and landscaping material; protect and enhance the scenic views and natural landscapes; protect and enhance economic viability by assuring aesthetic appeal for tourists, visitors, and residents; promote the use of aesthetically pleasing sign materials and colors; avoid obstacles, distractions, or traffic hazards which impair a traveler's ability to see pedestrians, traffic signs, or vehicles; preserve the right to enjoy scenic amenities; preserve public health, safety, and welfare; enhance the effectiveness of necessary directional and warning signs; enhance air movement and natural light; provide for the effectiveness of permitted signs; reduce the blighting influence of signs; protect the night sky from stray lighting; avoid adverse lighting or reflection; require structurally safe signs; protect the public investment in streets and highways; and promote the overall economic welfare of the city.
(Ord. 570, passed 2-26-07)

§ 152.167 JURISDICTION.

   This subchapter applies to corporate municipal boundaries of the city, as well as the unincorporated area of Adams County, Indiana, all as set forth in § 152.005.
(Ord. 570, passed 2-26-07)

§ 152.168 APPLICABILITY.

   These regulations apply along all existing and future streets, roads, and highways in the city, and shall affect all signs that are intended to be seen from the traveled portion of the streets, roads and highways within 1,000 feet of the right-of-way on each side of said streets, roads and highways.
(Ord. 570, passed 2-26-07)

§ 152.169 DEFINITIONS.

   For purposes of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ABANDONED SIGNS. A sign shall be deemed abandoned if it does not display a well-maintained message for a consecutive 120-day period; if the owner of the sign cannot be located at the owner's last known address, as reflected on the records of the Department; or if a structure designed to support a sign no longer supports the sign for a period of 120 consecutive days.
   ATTACHED SIGNS. A sign that is bolted, nailed, painted, or in any way affixed to an outside building wall.
   COMMERCIAL/RETAIL. A business, other than an office, where goods, commodities or services are sold directly to consumers.
   COMMUNITY INFORMATION SIGN. Sign advertising the name, time and place of any bona-fide
fair, carnival, festival, bazaar, show or similar event, when conducted by a public agency or for the benefit of any civic, fraternal, religious or charitable cause and as approved by this municipality, a governmental agency, an authorized public official, the State of Indiana, or the federal government. Signs advertising a specific event shall be removed within 30 days of being erected.
   DEPARTMENT. The Building and Planning Department of the City of Berne, Indiana.
   DIRECTIONAL SIGN. A sign on private property without a commercial message that gives directions such as entrance, exit, or street numbers.
   ERECT. To build, construct, attach, hang, place, suspend or affix signs.
   FLASHING SIGN. A sign, the illumination of which is not kept constant in intensity at all times when in use, and flashes on and off in regular or irregular sequence, including but not limited to strobe light.
   GOVERNMENTAL SIGN. A sign authorized by this municipality, a governmental agency, an authorized public official, the State of Indiana, or the federal government, for traffic control, street name and identification, destination and directional signs, warning, public notices, traffic control purposes, and signs of a similar nature.
   GROUND SIGN. As regulated by this subchapter, any sign supported by one or more uprights, braces, pylons, or foundation elements located in or upon the ground and not attached to a building.
   HEIGHT OF SIGNS. The distance as measured from the elevation of the uniform road surface of the nearest roadway to the highest point on the sign. Measurements shall be taken from the centerline of the roadway from the sign location. If the sign site is at an intersection of roadways, the roadway with the highest traffic count shall be the site of the measuring point.
   ILLUMINATED SIGN. Any sign that has characters, letters, figures, designs or outline illuminated by electric lights or luminous tubes as part of the sign proper.
   INDIRECTLY ILLUMINATED SIGN. Any illuminated, non-flashing sign whose illumination is derived from an external, artificial lighting source.
   MARQUEE SIGN. Any sign attached to, or an integral part of a hood or canopy of permanent construction projecting from the wall or a building over the entrance to that building. For the purpose of this subchapter, marquee signs shall be considered as attached signs when determining the allowable square foot area and total square foot area of all permitted signs. No marquee sign shall extend more than two feet above the marquee structure.
   OBSOLETE SIGN. Any sign that no longer advertises a bona fide business conducted or product sold on the premises.
   OFF-PREMISES SIGN (BILLBOARD or POSTER PANEL). A sign that directs attention to a business, product, service or activity not necessarily conducted, sold or offered upon the premises where such sign is located. Any sign used for the purpose of displaying, advertising, identifying or directing attention to a business, service, activity or place including products, or services sold or offered for sale on a premises other than on the premises where such sign is displayed.
   OFFICE. A place in which business, clerical or professional services and activities are conducted such as medical, legal, accounting, real estate, insurance services and other similar businesses where the primary activity is not the sale of retail goods.
   ON-PREMISES SIGN. Any sign identifying the occupant of the property upon which it is located and/or advertising goods or services available thereon.
   OWNER. A person who owns a sign.
   PARCEL. Contiguous real estate taxed as a single parcel on one side of a public street, road or highway.
   PERMIT. The authorization for a sign issued by the Department.
   PERSON. Any individual or entity, including a firm, partnership, association, corporation, limited liability company, trustee, organization of any kind, and their legal successors.
   PORTABLE or MOVABLE SIGN. A sign with a permanent frame and a display area for changeable copy, designed or intended to be relocated and not permanently affixed to the ground or structure. This shall include signs on wheels, trailers, or any other device that is intended to be moved from one location to another. This shall also include signs that were originally constructed to be portable or moveable, but have been modified in order to be affixed to a building or to be installed into the ground.
   PREMISES. One or more parcels of land that are in the same ownership and are contiguous.
   PROJECTING SIGN. A sign affixed to any part of a building or structure that extends beyond the building or structure.
   PUBLIC WAY. Any way designed for vehicular or pedestrian use that is maintained with public funds.
   RESIDENTIAL NEIGHBORHOOD IDENTIFICATION SIGN. A sign at the entrance of a residential neighborhood identifying the neighborhood.
   ROOF SIGN. A sign erected, constructed, or maintained upon, or which projects above, the roofline of a building.
   SIGN. Any object, including a structure, movable object, wall, image, display, or portion thereof, that displays any message visible to the public and is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event, or location through the use of words, letters, figures, designs, symbols, colors, or illumination.
   SIGN AREA. The area of a sign shall be considered to be that of the smallest rectilinear figure (but which shall have a continuous perimeter of not more than eight straight lines) that encompasses all lettering, wording, frame design or symbols, together with any background on which the sign is located and any illuminated part of the sign, if such background or such illuminated part of the sign is designed as an integral part of and related to the sign. Any cutouts or extensions shall be included in the area of the sign. All faces of a multiple faced sign shall be included in computing sign area except back-to-back outdoor advertising and double-faced on-premises signs, the area of which shall be taken as the area of one face if the two faces are of equal area, or as the area of the larger face if the two faces are of unequal area.
   WALL SIGN. A sign attached to, painted upon, placed against, or supported by the exterior front, rear, or side wall surface of any building or other structure.
(Ord. 570, passed 2-26-07)

§ 152.170 SIGNS AUTHORIZED WITHOUT A PERMIT.

   Subject to other applicable requirements and permits, the following signs are authorized without a sign permit.
   (A)   Governmental signs. Governmental signs are permitted, including signs and banners erected or approved by a governmental entity to dispense information to the community regarding matters of community interest including festivals, special projects, events and celebrations.
   (B)   Directional signs. Signs used exclusively for traffic direction, on private streets or in parking areas, not exceeding ten square feet in area. There shall be not more than two entrance/exit directional signs per legal driveway. Such signs shall be placed so as not to cause traffic or pedestrian hazards. Such directional signs shall not exceed the height of five feet above uniform street grade, and shall not exceed ten square feet in area.
   (C)   Hours and addresses. Hours and business numbers identifying the address of a parcel of land.
   (D)   Interior or exterior window signs. Non-electric signs on a window or inside buildings that are visible from the outside, and all other signs inside buildings that are not visible from the outside. Credit card signs or stickers affixed to windows. Non-electric, temporary signs placed in windows of buildings with commercial or industrial uses that advertise sales, specials, or close-outs shall be restricted to illumination by normal lighting of the building. Such signs shall be removed upon termination of the sale, special or close-out.
   (E)   Public, religious, charitable, and organizations. Community information signs advertising events or promotions sponsored by religious, charitable, or other associations and organizations if such signs are located on the premises of the religious, charitable, or other association. Said signs shall not be over 32 square feet in area and shall be set back a minimum of ten feet from all property lines.
   (F)   Flags. No more than three flags bearing the official design of a nation, state, municipality, educational institution, or non-profit organization are permitted per parcel. A flag pole may not exceed 30 feet above ground level.
   (G)   Warning signs. Signs exclusively devoted to warning the public of dangerous conditions and unusual hazards such as drop offs, high voltage, fire danger, and explosives, are permitted. Warning signs may not exceed three square feet.
   (H)   Historical site and memorial signs. A sign erected by a government agency that exclusively denotes a government-recognized historical site is permitted. This sign shall not exceed three square feet unless otherwise provided by state or federal law. Historical and memorial signs or tablets, names of buildings, date of erection, and descriptions of the history of the buildings or location, are permitted.
   (I)   Special event signs. Community special event signs that are approved by the Common Council of the city.
   (J)   Garage and yard sale signs. Temporary signs that advertise garage sales, yard sales, rummage sales and similar sales on residential real estate shall be restricted to one sign that is not more than six square feet in area, and shall be located on said premises for no more than seven days in a calendar year. Such signs shall be located on the premises and shall be located not less than ten feet from any street right-of-way.
   (K)   For sale or rent signs (less than two acres). Temporary signs that advertise real estate for sale, rent or lease, or advertise a subdivision being developed shall be restricted to one sign that is not more than six square feet in area when located on residentially-zoned property of less than two acres, end shall be removed within seven days of the completion of the sale, rent or lease of the property or sale of all lots in the subdivision. Such signs shall be located on the premises and shall be located not less than ten feet from any street right-of-way.
   (L)   For sale or rent signs (more than two acres). Temporary signs that advertise real estate for sale, rent or lease, or advertise a subdivision being developed, shall be restricted to one sign that is not more than 64 square feet in area when located on property of two or more acres. Said signs shall be located on the premises, shall be located not less than ten feet from any street right-of-way lines and shall be removed within seven days of the sale, rent, lease or the property or sale of all lots in the subdivision.
   (M)   Contractor signs. Temporary signs that advertise contractors, engineers, architects, lenders, etc. for a building being constructed shall be restricted to a total area of six square feet in area, not less than ten feet from any street right-of-way line or in conformance with the setback regulations of the zoning district in which it is located, whichever is least restrictive. There shall at no given time be located upon a parcel more than three contractor signs, plus one sign as set forth in division (J) or (K) above. Such signs shall be removed upon completion of the construction and issuance of an occupancy permit.
   (N)   Political signs. Temporary signs may be erected pertaining to the candidacy of federal, state and local elected officials or other voting issues. Such signs shall not exceed six square feet per face in residential zoning districts and 32 square feet in other zoning districts. Said signs may be erected not more than 45 days preceding the election and shall be removed within three days after the election.
   (O)   Decorative signs. Signs such as coats of arms and shields that represent and portray a family's genealogical roots, or identification with Swiss cantons and/or Swiss or American national or state affiliation, or traditional, historical and/or famous quotations, verses or proverbs of wisdom or philosophy.
   (P)   Restaurant menus. A restaurant's menu, being restricted to one such sign that is not more than six square feet in area, may be posted on the outside surface of the restaurant building.
(Ord. 570, passed 2-26-07)

§ 152.171 SIGNS AUTHORIZED WITH A PERMIT.

   The Department may issue a permit for signs in accordance with the following provisions.
   (A)   Commercial/retail wall and ground signs. One wall sign and one ground sign are permitted for each commercial/retail parcel. Such signs shall not exceed 20% of the area of the front face of the building on the parcel, or 100 square feet, whichever is less. A ground sign for a commercial/retail parcel may not exceed a height of 15 feet above the uniform street grade and must be mounded and/or landscaped to at least the level of uniform street grade. Signs may be placed inside the window areas of buildings in commercial or retail zones. The window sign area may not exceed 10% of the area of the window. The window sign area shall be deducted from the sign area permitted on the parcel.
   (B)   Office wall and ground signs. One wall sign and one ground sign is permitted for each office parcel. Such signs shall not exceed 20% of the area of the front face of the building on the parcel, or 56 square feet, whichever is less. A ground sign for an office parcel may not exceed a height of seven feet above the uniform street grade and must be mounded and/or landscaped to at least the level of uniform street grade.
   (C)   Industrial/manufacturing wall and ground signs. One wall sign and one ground sign per entrance is permitted for each industrial/ manufacturing parcel. Such signs shall not exceed 10% of the area of the front face of the building on the parcel, or 100 square feet, whichever is less. A ground sign for an industrial/manufacturing parcel may not exceed a height of seven feet above the uniform street grade and must be mounded and/or landscaped to at least the level of uniform street grade.
   (D)   Agricultural/auto/equipment commercial wall and ground signs. Two wall signs and one ground sign are permitted for each agricultural/auto/ equipment commercial parcel. Such signs shall not exceed 20% of the area of the front face of the building on the parcel, or 100 square feet, whichever is less. A ground sign for an agricultural/auto/ equipment commercial parcel may not exceed a height of 15 feet above the uniform street grade and must be mounded and/or landscaped to at least the level of uniform street grade. It is preferable that a collage of signs located on a ground sign that describe various lines of automobiles, equipment or merchandise be equal in size and shape.
   (E)   Commercial plaza ground sign. A building or a group of buildings on a single premises or contiguous premises (commercial plaza) containing three or more businesses, may have one ground sign which shall not exceed a height of 15 feet above the uniform street grade and must be mounded and/or landscaped to at least the level of uniform street grade. Each business within the plaza may erect a sign on the commercial plaza ground sign, but no business within the plaza may erect its own separate ground sign. It is preferable that a collage of signs located on a commercial plaza ground sign that advertise various businesses within the plaza, be equal in size and shape.
   (F)   Churches and religious facilities. One wall sign and one ground sign are permitted for each church or religious facility parcel. Such signs shall not exceed 10% of the area of the front face of the building on the parcel, or 32 square feet, whichever is less. A ground sign for a church or religious facility parcel may not exceed a height of 12 feet above the uniform street grade and must be mounded and/or landscaped to at least the level of uniform street grade. However, if a church parcel is located in a residential neighborhood, then such signage is subject to this division.
   (G)   Residential neighborhood identification signs. A residential neighborhood (single-family subdivision, multiple-family, attached housing development, etc.) is permitted to have one residential neighborhood identification sign for each entrance street. Such signs shall not extend into any public right-of-way. The face of the sign shall not exceed 16 square feet. A non-dwelling use in a residential area, such as a school, a church, a religious facility, an institutional use, etc., is permitted to have one ground sign and one wall sign, neither of which shall exceed 16 square feet in area. The height of a ground sign in a residential neighborhood may not exceed ten feet above uniform street grade and must be mounded and/or landscaped to at least the level of uniform street grade.
   (H)   Temporary signs. Temporary signs and banners advertising a special commercial event or sale are allowed, provided that a sign is not larger than 32 square feet, nor higher than eight feet, and is removed within ten days of the end of the event or project. Said temporary signs shall be on-premises only and shall be attached to the window or outside of the building on said premises.
(Ord. 570, passed 2-26-07)

§ 152.172 GENERAL REQUIREMENTS.

   (A)   Color of structure. All signage returns should either match the face color of the sign or blend with the adjacent building color. A ground sign structure, including the back, shall be painted in a neutral color to blend in with the background environment of the site.
   (B)   Illumination. Front-lit signs are encouraged and preferred over back-lit signs. Lighting shall be directed to the face of the sign and shall be shielded so that the source of the light is not visible, concentrating the illumination upon the area of the sign and preventing glare upon the street or adjacent property and shall not create a hazard or nuisance for motorists or nearby residents.
   (C)   Preferred signage. Wall signs may in some circumstances be painted directly on the face of a business building. Other wall signage should be illuminated individual letters mounted on an opaque background. The use of a colored or frosted plexiglas face is encouraged. Colored backer panels and conventional box signs are discouraged for both wall signs and ground signs.
   (D)   Vertical limitations and sign projection. No wall sign shall extend above the facade of the building to which it is attached. At no time shall any sign project more than four feet from the building surface, nor more than two feet into public right-of-way, whichever is more restrictive. Every wall sign that projects from a building shall be placed at least six feet above the ground over which it is erected. These limits include the space necessary to allow for installation hardware.
   (E)   Securing projecting wall signs. No projecting wall sign shall be secured with wire, strips of wood or nails, nor shall any projecting sign be hung or secured to any other sign. All wall signs shall be safely and securely attached to the building wall by means of metal anchors, bolts or expansion screws.
   (F)   Multiple street frontage. In the case of a lot or building facade with frontage on more than one street, wall signs and ground signs may be permitted on each street in accordance with the regulations of this subchapter. In no case shall allowable sign area be transferred from one street frontage to another street frontage.
(Ord. 570, passed 2-26-07)

§ 152.173 PROHIBITED SIGNS.

   The following limitations, obligations, and prohibitions apply to all signs.
   (A)   Absence of permit. Any sign for which a permit has not been issued and which is not a sign authorized without a permit under § 152.170.
   (B)   Animated signs. Any sign using flashing or intermittent lights, sound, color changes or other mechanical or electrical means to give motion to the sign or the impression of motion or movement to the sign or any sign with visible moving, revolving or relocating parts, except traditional barber poles for licensed barber shops. There shall be no exposed neon, lamps, tubing, raceways, crossovers or conduits. Signs shall be considered as containing flashing lights hereunder if the intensity of the lights change more frequently than every two minutes.
   (C)   Off-premises signs. Any sign advertising a product, service, business or activity which is sold, located or conducted elsewhere than on the premises on which the sign is located, or which said product, service, business or activity is sold, located or conducted on such premises only incidentally.
   (D)   Portable or movable signs. Portable/ moveable signs such as wheeled devices and sandwich boards, signs with a permanent frame and a display area for changeable copy, designed or intended to be relocated and not permanently affixed to the ground or structure, signs on wheels, trailers, or any other devices that are intended to be moved from one location to another. Signs that were originally constructed to be portable or moveable, but that have been modified in order to be affixed to a building or to be installed into the ground are also prohibited herein.
   (E)   Changeable message signs. Changeable message signs, except for traffic warning devices, signs giving public service information such as, but not limited to, time, date, temperature, weather, or similar information, signs displaying information regarding religious services, events, and other functions at a church, and signs displaying the prices of fuel at a gas or service station.
   (F)   Traffic interference. Any non-governmental sign that resembles a public traffic sign or a safety warning sign. No sign (other than a traffic sign installed by a governmental entity) shall simulate or imitate the size, lettering or design or any traffic sign in such manner as to interfere, mislead, or confuse the public.
   (G)   Signs obstructing ingress or egress. Any sign that obstructs ingress or egress, creates an unsafe distraction for motorists, or obstructs the view of motorists entering a public road or highway.
   (H)   String lights. String lights, except for holiday decorations during the time period from November 15 to January 15.
   (I)   Banners and spinners. Banners that are not attached to a building and spinners are prohibited.
   (J)   Roof signs. Roof signs and signs that extend above the front facade of a building.
   (K)   Parked vehicle. Any sign on a motor vehicle or trailer that is parked in a position visible to traffic on a public road or parking area for a period longer than six days in a 60-day period.
   (L)   Public property. Other than set forth in § 152.172(D), no portion of a privately-owned sign, or its supporting structures, such as poles or cables, shall be placed on, or within the air space above, publicly owned property, a public right-of-way (such as a street or sidewalk), or a proposed public right-of-way.
(Ord. 570, passed 2-26-07)

§ 152.174 SIGN PERMIT REQUIREMENTS.

   (A)   Permit required. It shall be unlawful for any person to erect, structurally alter, or relocate within the city, as well as in the unincorporated area of Adams County, Indiana, as set forth in § 152.005, any sign as defined in this subchapter except signs authorized without a permit, without first obtaining an erection permit from the Department and making payment of the fee as required by this section.
   (B)   Enforcement. The Department shall administer and enforce these sign standards. It shall be the duty of the Department, upon filing of an application for an erection permit, to examine such plans, specifications, and other data relating to the proposed sign and sign structure. If it appears that the proposed sign and sign structure is in compliance with all of the requirements of the Building Code, these standards and all other laws and ordinances of the city, the Department shall then issue an erection permit. If the work authorized under an erection permit has not been completed within six months after date of issuance, said permit shall become null and void, except that if good cause is shown, the Department may extend the permit for not more than one consecutive six-month period.
   (C)   Application. Applications for sign permits shall be made upon a form provided by the Department for this purpose. The application shall contain the following information:
      (1)   Name, address, telephone number, and if available, fax number and e-mail address, of the person applying for the permit.
      (2)   Name, address, telephone number, and if available, fax number and e-mail address, of the person owning the parcel upon which the sign is proposed to be placed.
      (3)   Written consent of the owner or authorized representative of the building, structure or land to which or on which the sign is to be erected.
      (4)   Location of the building, structure, and parcel to which or upon which the sign is to be attached or erected.
      (5)   Position of the sign in relation to nearby buildings, structures, property lines, and existing or proposed rights-of-way.
      (6)   Plans and specifications showing the size of the sign as well as the method of construction and/or attachment to a building, or in the ground.
      (7)   Copy of stress sheets and calculations, if deemed necessary by the Department, showing the structure as designed for dead load and wind pressure in any direction.
      (8)   Proof of Insurance policy as required by this subchapter.
      (9)   Such other information as the Department may require to demonstrate compliance with these sign standards, and any other applicable laws.
      (10)   The seal or certificate of a registered structural or civil engineer, when required by the Department.
      (11)   The zoning district in which the sign is to be placed.
   (D)   Insurance certificates. The applicant for a sign permit shall provide the Department with a certificate of insurance from an insurance company authorized to do business in the State of Indiana. The insurance shall provide public liability in the amount of at least $100,000 for injuries to one person and $300,000 for injuries to more than one person, and property damage insurance in the amount of at least $100,000, with an endorsement thereon holding the City of Berne harmless from any claims or causes of action arising out of the installation or maintenance of said sign. The sign permit shall automatically be revoked if the insurance is permitted to lapse. The insurance policy shall require written notice to the Department at least 30 days before the insurance is cancelled or materially altered.
   (E)   Permit fees. Permit fees for signs shall be established from time to time by the Common Council of the city. The permit fees must relate to the cost of issuing the permit and the enforcement of these standards, and may vary based on the size, type, and height of the sign. The following fee schedule shall apply to all signs upon the approval of this subchapter by the Common Council of the city:
      (1)   Each sign up to 12 square feet - $10.
      (2)   Each sign between 12 square feet and 50 square feet - $25.
      (3)   Each additional square foot of sign area over 50 square feet - $1.
   (F)   Registration tag. A registration tag shall be issued by the city to the sign owner or agent with the valid sign permit. If the tag is for a ground sign, the tag shall be placed on the sign structure so as to be legible at ground level adjacent to the sign, and said registration tag shall not be covered in any future reconditioning or painting of said sign. If the tag is for a sign other than a ground sign, the owner of the sign shall maintain the tag on file on the premises, and said tag shall be subject to inspection by the Department at any reasonable time.
   (G)   False information. A person providing false information under this subchapter shall be guilty of a Class C Misdemeanor.
   (H)   Revocation of permit. The Department is hereby authorized and empowered to revoke any permit issued by the Department upon failure of the holder thereof to comply with any provisions of these sign standards.
(Ord. 570, passed 2-26-07)

§ 152.175 CONSTRUCTION REQUIREMENTS.

   All signs shall be built, constructed and erected in accordance with the Building Code, other ordinances of the city, Adams County, Indiana, and the following:
   (A)   Letters to be secure. All letters, figures, characters or representatives in cutout or irregular form maintained in conjunction with, attached to, or superimposed upon any sign shall be safely and securely built or attached to the sign structure and shall comply with Building Code requirements.
   (B)   Supplementary signs. No supplementary sign or other appendage may be hung from or supported by an approved sign or its support if it will adversely affect the structure of the approved sign or make the approved sign non-conforming.
   (C)   Fastenings. All signs must remain safe and secure during the period of use. All parts of the signs, including bolts and cables, shall remain painted, and free of corrosion.
   (D)   Proximity to electrical conductors. Signs and all supporting structures shall be no closer to electrical utilities than is permitted by applicable codes. No sign, including cables and supports, shall, in any event, be within six feet of any electrical conductor, electrical light pole, electric street lamp, traffic light, or other public utility pole. All electrical connections shall be weather-tight.
   (E)   Landscaping and sanitation. The area beneath and around a ground sign shall be landscaped with native plants and material so as to complement the site and integrate the sign with buildings, parking areas, and natural site features. Property surrounding any ground sign shall be maintained in a clean and sanitary condition.
   (F)   Responsibility for compliance. The owner of the parcel on which a sign is placed and the person maintaining the sign are each fully responsible for the condition and the maintenance of the sign and the area around the sign.
(Ord. 570, passed 2-26-07)

§ 152.176 NON-CONFORMING SIGNS.

   (A)   Intent. This subchapter is intended to encourage the eventual elimination of signs that do not comply with the sign standards. The elimination of non-conforming signs is as much a subject of health, safety, and welfare as is the prohibition of new signs in violation of these standards. Therefore, this subchapter attempts to realize the removal of non-conforming signs and to avoid any unreasonable invasion of established property rights.
   (B)   Amortization. A sign not complying with these standards, but in place on the effective date of this subchapter, shall be removed, or brought into compliance with these standards, within 15 years after the effective date of this subchapter. The following information concerning each existing sign location shall be provided: the name and address of the owner of the sign; the name of owner, address and parcel identification number of real property on which the sign is located; the height, area, and dimensions of the sign face, and setback from the right-of-way. No initial permit fees shall be charged, but a registration tag shall be issued by the Department to be placed on the ground sign or kept on file pursuant to § 152.174(F). Failure to register existing outdoor advertising signs in accordance with these provisions shall be considered a violation of this subchapter.
   (C)   Permit. Within six months after the effective date of this subchapter, the person owning a non-conforming sign shall apply for a permit to the Department. The Department shall issue the permit for not more than 15 years.
   (D)   Continuance. A non-conforming sign may be continued during the amortization period if it is maintained in good condition. It shall not, however, be replaced by another nonconforming sign, expanded, or moved to another location unless brought into conformance. It may not be structurally altered so as to prolong the life of the sign. It may not be reestablished after damage or destruction if the Department determines that the estimated cost of reconstruction exceeds 50% of the estimated replacement cost.
   (E)   Removal of signs. It is the intent of this section to recognize the eventual elimination, as expeditiously as it is reasonable, of existing signs that are not in conformity with the provisions of these standards, inasmuch as a subject of health, safety, and welfare as is the prohibition of new signs that would violate the provisions of these standards. It is also the intent of this section that any elimination of nonconforming, obsolete, unsafe and unlawful signs shall be affected so as to avoid any unreasonable invasion of established private rights. However, except where it may cause a breach of the peace, the Department may physically remove a sign or have a sign removed from a property where a sign is in violation to insure compliance with these provisions; provided however that the owners must have had ten days' written notice by certified mail of the violation and further provided that the owners have been requested by such notice to remove the sign which is in violation of these standards. The sign owner and property owner may be jointly and severally liable for the expense of removal. Notice of the cost of removal shall be served upon the sign owner and property owner by certified mail. If said sum is not paid within 30 days thereafter, said sum shall be collected by the city in a civil action in the nature of debt.
   (F)   Unsafe and unlawful signs. If the Department finds that any sign regulated herein is structurally unsafe; constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation, or abandonment, defined as having no active copy on an outdoor advertising sign within the past 90 days or the advertisement of a business, concern or use that has been closed for greater than 90 days; is not kept in good repair; is capable of causing electrical shocks to persons likely to come in contact with it; or is unlawfully installed, erected or maintained; the Department shall give written notice to the sign owner and property owner thereof, and may proceed to remove the sign pursuant to division (E) above.
(Ord. 570, passed 2-26-07)

§ 152.177 FIRST AMENDMENT PROTECTION.

   The placement of directional signs, residential neighborhood signs, historical site signs, and flags is specifically authorized in these standards. All other signs allowed under these standards may contain any lawful message.
(Ord. 570, passed 2-26-07)

§ 152.178 ADMINISTRATION.

   (A)   Administrator. The Department shall appoint personnel to administer and enforce the terms and conditions of these standards and all other provisions relating to signs.
   (B)   Department powers. The Department shall have the power and authority to administer and enforce these standards. Included among such powers are the following specific powers:
      (1)   The Department shall issue permits, as required by these standards. The Department shall also ensure that signs comply with these standards and any other applicable law.
      (2)   Every sign for which a permit is required shall be subject to the inspection and approval of the Department. Upon presentation of proper identification to the sign owner or owner's agent, the Department may enter the sign area for purposes of inspecting the sign, sign structure, and any fasteners securing the sign to a building or support. In cases of emergency, where imminent hazards to persons or property are known to exist, and where the sign owner, or owner's agent, is not readily available, the Department may enter the sign area for purposes of inspection or remediation. When on private property, the Department shall observe rules and regulations concerning safety, internal security, and fire protection. If the Department is denied admission to inspect any sign, inspection shall be made only under authority of a warrant issued by a court of proper jurisdiction. When applying for such warrant, the Department shall submit an affidavit setting forth a belief that a violation of these standards exists with respect to a particular sign, and the reasons for forming this belief The affidavit shall designate the place and name of the person believed to own or possess the sign. If the court finds probable cause exists for the search of the sign, and supporting structures, then a warrant authorizing the search shall be issued. The warrant shall describe the property with sufficient certainty to identify the same. This warrant shall constitute authority for the Department to enter the sign area and to inspect the property.
      (3)   Upon issuance of a stop order from the Department, work on any sign that is being conducted in any manner contrary to these standards shall be immediately stopped. This notice and order shall be in writing and shall be given to the owner of the parcel, the sign owner, or to the person performing the work. The stop order shall state the conditions under which work may be resumed. The city Police Department shall have authority to enforce a stop order.
      (4)   The Department has the authority to revoke any permit authorized by these standards if the sign violates these standards or another law, provided that the Department shall offer the sign owner an opportunity to be heard. The person whose permit is under consideration shall be given at least ten days' written notice of the time, place, and reason for the hearing. The sign owner and/or person identified in the permit shall be permitted to present relevant facts and legal argument concerning the pending revocation. Following this hearing, the Department shall consider the merits of the case and shall present a written opinion prior to any action. If, however, the Department believes the health, safety, or welfare of the citizens is endangered by any violation of these standards, the Department may immediately revoke any sign permits.
      (5)   A sign installed after the effective date of these standards, and not conforming to these standards, shall be removed by the owner. The sign owner shall not be entitled to compensation for the sign removal and shall reimburse the Department for any costs incurred in connection with the removal.
      (6)   Any person, firm or corporation, agent employee, or contractor of such who violates, disobeys, omits, neglects, or refuses to comply with or who resists enforcement of any provisions of this subchapter, shall be guilty of a Class C misdemeanor and shall, upon conviction, be punished by a fine of not less than $25 dollars nor more than $500 for each offense, together with the costs of prosecution. Each day on which a violation occurs shall constitute a separate offense. In addition, the City Attorney is authorized to take all action, legal, injunctive and equitable, to assure compliance with these standards.
   (C)   Variances. The Zoning Board of Appeals shall have the power to hear and act upon applications for a variance where there are practical hardships in the manner of carrying out the strict letter of any provisions of these standards. If a variance is granted, it shall be the least possible deviation from the requirements of these standards. In granting any variance, the Zoning Board of Appeals may prescribe appropriate conditions and safeguards in conformity with these standards. Violations of the provisions of the variance granted, including any conditions or safeguards that are a part of the grant of the variance, shall be deemed a violation of these standards. Variances may be issued upon finding that an application meets the following requirements:
      (1)   If the applicant complies strictly with the provisions of these standards, the applicant can make no reasonable use of the sign allowed; and
      (2)   If the hardship of which the applicant complains is unique, or nearly so, and is suffered by the applicant rather than by owners of surrounding properties or the general public; and
      (3)   If the hardship relates to the applicant's land (such as the size, shape, topography, terrain, ideation or surroundings of the site) rather than in personal circumstances or the type of business; and
      (4)   If the hardship is not a result of the applicant's own actions; and
      (5)   If the variance is in harmony with the general purpose and intent of these standards and preserves its spirit and if the variance secures the pubic safety and welfare and does substantial justice.
   (D)   Right of appeal. Any person aggrieved by any ruling of any person charged with the administration of these standards may take an appeal to the Zoning Board of Appeals. An appeal of a decision shall be taken within 30 days after such decision is made.
   (E)   Jurisdiction. Appeals taken from requests relating to construction shall be filed with the Building Department and shall be subject to the procedures established by the Building Department, and are not subject to the provisions of this section. The Zoning Board of Appeals (hereinafter referred to as the Board), is hereby vested with the following jurisdiction and authority:
      (1)   To hear and decide appeals from and review any order, requirement, decision or determination made by any person charged with the administration of these standards, except appeals relating to construction issues. The Board may reverse or affirm, wholly or in part, or may modify or amend the order, requirement or decision or determination appealed from to the extent and in the manner that the Board may decide to be fitting and proper on the premises, and to that end, the Board shall also have all the power of the officer from whom the appeals are taken.
      (2)   To hear and decide all matters referred to it or upon which it is required to pass under these standards.
      (3)   To hear and pass upon applications for variances from a strict application of the terms of these standards as set forth in division (C) above.
(Ord. 570, passed 2-26-07)

§ 152.179 MINIMUM REQUIREMENTS.

   The provisions of these standards are minimum requirements. Whenever the requirements of these standards are found to be in conflict with the requirements of any other lawfully adopted statute, rule, regulation, ordinance, deed restriction or covenant, the most restrictive or that imposing the higher standard shall prevail.
(Ord. 570, passed 2-26-07)

§ 152.180 VALIDITY AND SEVERABILITY.

   These standards, and its parts, are declared to be severable. Should any section, clause, provision or portion of these standards be declared by a court of competent jurisdiction to be invalid or unconstitutional, the decision shall not affect the validity of the standards as a whole. All parts of these standards not declared invalid or unconstitutional shall remain in full force and effect.
(Ord. 570, passed 2-26-07)

§ 152.181 EFFECTIVE DATE.

   The provisions of this chapter shall become effective February 2007.
(Ord. 570, passed 2-26-07)