Elwood City Zoning Code

SIGN REGULATIONS

§ 155.330 PURPOSE.

(A) The sign regulations are intended to provide standards for the installation of signs in a manner that will promote the general welfare of the community. This shall be accomplished by encouraging good harmonious design and by establishing appropriate size and location requirements. Such regulations shall allow businesses to identify themselves and the goods or services they offer, safeguard and enhance property values, and protect the public health, safety, and welfare of the citizens of the city.

(Ord. passed 4-19-2021)

§ 155.331 DEFINITIONS.

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

(A) FREESTANDING SIGNS.

(1) ANIMATED SIGN.

(a) A sign depicting action, motion, lights, or color change.

(b) An ANIMATED SIGN can also feature graphics and illustrations rather than words.

(2) ELECTRONIC MESSAGE SIGN.

(a) A sign, typically comprised of a liquid crystal diode (LCD), light-emitting diode (LED), plasma, or other digital illuminated display that contains one or more messages.

(b) An ELECTRONIC MESSAGE SIGN is different from an illuminated sign in that the illumination of the display creates the message, rather than an internal or external light source illuminating the message.

(3) ILLUMINATED SIGN.

(a) A sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign; includes signs made from neon or other gas tube(s) that are bent to form letters, symbols, or other shapes.

(b) An ILLUMINATED SIGN excludes electronic message signs, which are separately defined.

(4) MOBILE SIGN.

(a) Any sign designed to be readily moved from one location to another and which does not rely on a building or fixed foundation for its structural support.

(b) Any sign mounted on a vehicle, trailer, or boat; or fixed or attached to a device for the purpose of transporting from site to site.

(c) This definition includes all vehicles placed or parked for the purpose of drawing attention to a service, product, object, person, organization, institution, business, event, location, or message.

(d) This definition does not include signs or lettering installed on vehicles, trailers or boats where the principal use of the vehicle is for the transportation of people, goods, or other materials for the business.

(5) MONUMENT SIGN.

(a) A freestanding sign that is detached from a building and has a support structure that is a solid-appearing base constructed of a permanent material, such as aluminum, concrete block, or brick.

(b) All other freestanding sign types not meeting the definition of a MONUMENT SIGN shall be either a pole sign or a pylon sign.

(6) POLE SIGN.

(a) A freestanding sign in excess of six feet in height that is detached from a building and is supported by one or more structural elements that are either:

1. Architecturally dissimilar to the design of the sign; or

2. Less than one-fourth the width of the sign face.

(b) Diagram example:

(7) PYLON SIGN.

(a) A freestanding sign in excess of eight feet in height that is detached from a building and is supported by one or more structural elements which are architecturally similar to the design of the sign.

(b) Diagram example:

TEMPORARY PROMOTIONAL SIGNS. Any flag displaying a commercial/promotional message, pennant, streamer, banner, beacon, bunting material, or other similar nonpermanent sign made of paper, cloth, canvas, lightweight fabric, or other nonrigid material, with or without frames, whether displayed as freestanding, wall-mounted, pole-mounted, window-mounted, or painted, or any other method of attachment, or beacon, which is intended to be displayed for a limited period of time.

TEMPORARY SIGNS.

(1) A structure or device used for the public display of visual messages or images, which is easily installed with or without common hand tools and which is not intended or suitable for long-term or permanent display (e.g., less than 120 days), due to lightweight or flimsy construction materials.

(2) Examples include, but are not limited to: A-frame signs, banners, pennants, streamers, or similar non-permanent signs made of paper, cloth, canvas, lightweight fabric, or other nonrigid material, with or without frames.

(Ord. passed 4-19-2021)

§ 155.332 PERMIT REQUIRED.

(A) It shall be unlawful for any person (whether acting as owner, occupant, contractor, or otherwise) to erect, construct, reconstruct, enlarge, locate, or alter any sign within the city without first obtaining a permit, unless this subchapter specifically states that no permit is required for the specific sign type.

(B) No such permit shall be issued until the proposal and application have been reviewed and approved by the Planning Commission.

(Ord. passed 4-19-2021) Penalty, see § 155.999

§ 155.333 ENFORCEMENT.

(A) The Planning Commission shall be vested with the duty of enforcing these sign regulations.

(B) In performance of such duty, the Planning Commission shall be empowered and directed to issue permits for the construction, alteration, or repair of signs.

(C) The Planning Commission shall ascertain that all signs, constructions, reconstructions, or modifications of existing signs are built or constructed in conformance with this chapter, building codes, and the specific requirements of this chapter.

(D) Any sign found to be in an unsafe manner shall be ordered to be removed by the Planning Commission or designee, including the city’s Code Enforcement Officer.

(E) The Planning Commission shall issue a notice of violation to the person having charge or control or benefit of any sign found to be unsafe or in violation of this subchapter.

(F) (1) If an unsafe or illegal sign is not repaired, modified, or removed within ten working days after issuing said notice, the Planning Commission shall at once abate and remove said sign.

(2) The owner, or person having charge or benefit of any such sign, shall pay to the city, within 30 calendar days after written notice is mailed to such person, the costs incurred in such removal.

(Ord. passed 4-19-2021) Penalty, see § 155.999

§ 155.334 PLANNING COMMISSION REVIEW.

(A) At the time new buildings or developments are presented for site plan review, proposals for all signs (including any type of pole sign or monument sign) to be installed on any buildings or premises shall be reviewed and approved by Planning Commission before any installation.

(B) Signs (including any type of pole sign or monument sign) to be added to existing buildings or uses, or signs that are to be enlarged, changed, or substantially modified, shall be reviewed and approved by the Planning Commission before any change is made.

(C) All off-premises signs (including any type of pole sign or monument sign), either for new building or developments or for existing buildings, shall be reviewed and approved by the Planning Commission before any installation.

(D) All signs (including any type of pole sign or monument sign) shall be permanently maintained and kept in a safe manner.

(Ord. passed 4-19-2021) Penalty, see § 155.999

§ 155.335 REQUIRED DRAWINGS AND INFORMATION.

All applications for approval shall be accompanied by drawings drawn to scale and dimensioned, and which illustrate the following:

(A) A site plan with dimensioned property lines showing existing and proposed buildings and parking areas;

(B) The site plan shall include lot size, frontage, and setbacks;

(D) Full color elevations of all signs, showing the dimensions and square foot area, the dimensions of the wall upon which the sign is to be erected, and the size of any existing signs on the same wall, if any;

(E) Height and size of all freestanding signs;

(F) Type of sign illumination, if any; and

(G) Details of sign construction and attachment.

(Ord. passed 4-19-2021) Penalty, see § 155.999

§ 155.336 MEASUREMENT OF SIGNS.

(A) In determination of the square footage of signs, the method of measurement shall be as follows:

(1) Sign copy mounted or painted on a background panel or area distinctively painted, textured, or constructed as a background for the sign copy.

(2) Sign area shall be measured as that area contained within the outside dimensions of the background panel or surface.

(3) Sign copy mounted as individual letters and/or graphics against a wall or fascia of building or other structure that has not been painted, textured, or otherwise altered to provide a distinctive background for the sign copy.

(4) Sign area shall be measured as the area enclosed by the smallest single rectangle that will enclose all sign copy.

(5) Sign copy mounted or painted on an illuminated sign or illuminated architectural element of a building.

(6) Sign area shall be measured as the entire illuminated surface or illuminated architectural element which contains sign copy.

(7) A sign having more than one component (e.g., a service station identification/price sign combination on a monument base) mounted on the same surface.

(8) Sign area shall be the area of the smallest rectangle that will encompass the several components of the sign.

(9) All other permitted signs (except nonresidential district directional signs assisting in the flow of traffic, street addresses, or signs necessary for safety (“stop engine,” “no smoking,” and the like) that do not exceed two square feet in area.

(10) Sign area shall include the areas of the sign from edge to edge.

(B) In determination of the height of signs, the method of measurement shall be as follows:

(1) Height of freestanding signs: monument, pole, or pylon. The distance from the top of the sign structure to the top of curb or crown of roadway where no curb exists;

(2) Height of wall signs. The distance from the top of the sign structure to the top of curb or crown of road where no curb exists; and

(3) Height of monument base or other structure erected to support or ornament the sign. Shall be measured as part of the sign height.

(Ord. passed 4-19-2021) Penalty, see § 155.999

§ 155.337 PROHIBITED SIGNS.

Signs not specifically authorized are prohibited, including but not limited to the following:

(A) Political signs in public rights-of-way or public property;

(B) Signs announcing the proposed development of property prior to site plan or subdivision approval or after issuance of certificate of occupancy;

(C) Signs mounted, attached, or painted on trailers, boats, or motor vehicles when parked for extended periods of time on or near the premises;

(D) Roof signs or any other signs that project above the highest point of the roof line or parapet of the building;

(E) Any sign with intermittent or flashing illumination, animated, or moving signs (public safety message centers are allowed); or

(F) Signs that emit sound.

(Ord. passed 4-19-2021) Penalty, see § 155.999

§ 155.338 CLEAR VIEW OF INTERSECTING STREETS.

In all zone districts which require a front yard, no sign shall be placed on any corner lot within a triangular area in order to maintain a clear view area, as defined in § 155.085.

(Ord. passed 4-19-2021) Penalty, see § 155.999

§ 155.339 CHANGE OF BUSINESS NAME.

(A) Whenever the name of a business changes, the signs on the premises shall be modified to bring them into conformance with these regulations, even though the intended change is a change of sign copy only.

(B) This regulation shall not apply to directory signs designed with interchangeable letters or panels.

(Ord. passed 4-19-2021) Penalty, see § 155.999

§ 155.340 SPECIFIC SIGN REGULATIONS.

(A) On-premises signs.

(1) In all zoning districts, signs may be erected to advertise the sale, rent, or lease of property upon which said signs are placed.

(a) Signs shall be limited to one sign per street frontage.

(b) Signs shall not exceed an area of eight square feet in Residential Zones or 32 square feet in nonresidential zones.

(2) In a Commercial or Manufacturing Zone, for promotional purposes, one on-site sign, not exceeding 64 square feet, may be erected in conjunction with a construction project.

(a) All such signs shall be set back at least ten feet from any public or private right-of-way.

(b) No freestanding sign shall exceed 12 feet in height.

(d) Signs may utilize external lighting, but they may not be internally lighted.

(e) No sign permit shall be required.

(3) In all zoning districts, open house signs advertising real estate that is open for inspection for a prospective sale may be placed on private property with the consent of the owner, lessee, or occupant.

(a) All such signs must state the name of the person or firm sponsoring the open house.

(b) All such signs shall not exceed eight square feet in area.

(4) Service signs may be erected for the purpose of facilitating or controlling the efficient or safe movement of pedestrians or vehicles on or into private property and shall be located on the properties to which they pertain.

(a) All such signs may include incidental identification-type advertising.

(b) All such signs shall not exceed 16 square feet in area.

(5) The following signs, and these signs only, may be placed on-site and used to promote sales of homes in new subdivisions.

(a) For subdivisions which include five or more lots, major promotional signs, not exceeding one 64 square foot sign for each builder, may be used.

1. The total area of all such signs shall not exceed 128 square feet.

2. Individual phases of a subdivision shall not be considered separate subdivisions.

3. No single sign shall exceed 64 square feet.

(b) 1. Subdivisions which include five or more lots may attach one wall sign to one model home for each builder in the subdivision.

2. This sign shall not exceed 32 square feet in area.

1. Such signs may state the name of the builder, purchase terms, and/or the hours when the model will be open, among other things.

2. This sign shall not exceed 16 square feet in area.

(d) Off-site promotional signs may be used as specified in § 155.340(A)(2).

(e) All subdivision signs shall be set back a minimum of five feet from any public or private right-of-way.

(f) Flag poles may be located within one foot of property lines.

(g) No freestanding sign shall exceed 12 feet in height.

(h) Signs may utilize external lighting but shall not be internally lighted.

(i) All signs shall be removed within 30 days after final inspection of the last home in the subdivision.

(j) Mobile signs are prohibited.

(B) Off-premises signs.

(1) In Residential Zones, a maximum of two development or promotional signs may be placed off-site.

(a) All such signs shall have a maximum area of 32 square feet.

(b) All such signs shall be set back ten feet from the right-of-way of any public street and, therefore, require a letter of consent from the property owner.

(d) All signs shall be removed no later than 30 days following the completion of the project.

(2) Political signs relating to the nomination or election of any individual for public office or advocacy of any issue to be voted upon at any special or general election shall be allowed under the following conditions.

(a) Any such sign shall be temporary in nature and shall be removed within 15 days after the date of the election.

1. If said signs are not removed, the city may remove said signs and charge a reasonable fee, as determined by the City Council, based on actual costs of removal for each sign requiring removal.

2. The bill shall be sent to the appropriate candidate or political association responsible for such sign(s).

(b) Any such sign to be placed within a Residential Zone shall not exceed an area of eight square feet.

(d) Such signs shall not be permitted on utility poles or structures or in utility rights-of way.

(1) Temporary signs shall conform to the provisions listed in this section.

(2) Temporary signs shall be limited to no more than 30 days.

(3) No temporary signs, banners, bunting, and the like, shall be allowed within 20 feet of any property line. Non-business-oriented banners whose sole intent is to promote festivals, holidays, seasons, or other community events are excluded from the provisions of this chapter.

(4) Inflatable and mechanical signs such as televisions, gorillas, dinosaurs, and the like, shall not be allowed in the landscaping (which includes flower beds or lawn) or within 20 feet of the property line, whichever is greater. The height of the balloon or inflatable shall not exceed the distance to the closest property line, or the nearest above ground utility line measured from where the item is anchored.

(5) Streamers or pennant-type streamers shall not be allowed within the required 20-foot setbacks.

(6) In all Commercial Zones, commercial vehicles with signs larger than four square feet shall not be parked within 40 feet of any property line adjacent to a public street. Such vehicles shall not be used as parked or stationary outdoor display signs.

(7) Home occupation off-premises temporary signs are prohibited.

(8) Commercial off-premises temporary signs are prohibited.

(D) Monument signs. Monument signs shall be allowed in conformity with the following provisions.

(1) Monument “on-premises” signs will be allowed in all Commercial and Industrial/Manufacturing Zones.

(2) For signs less than or equal to five feet in height measured from curb or crown of road, a minimum setback from the public right-of-way of five feet is required.

(3) For signs greater than five feet in height, a setback equal to the sign’s height is required, unless this requirement is specifically waived by the Planning Commission through the issuance of a conditional use permit.

(4) Signs shall be incorporated into a landscape design scheme or planter box equal to at least twice the area of the sign unless little flexibility exists on the site and a waiver is granted by the city staff or designee. The landscaping shall have a slope no greater than one to four and the overall height of berm or planter box shall not exceed three feet.

(5) Signs shall generally maintain a 100 foot separation from all other signs and 50 feet from the side and rear property lines that are not adjacent to a public right-of-way. In situations with minimal frontages where little flexibility in sign placement exists, less stringent standards may apply as determined by the city staff or designee.

(6) Signs shall be limited to 50 square feet in area for signs up to five feet in height and an additional ten square feet of area may be added for every additional foot in height over five feet.

(7) Signs shall be limited to one monument sign per 200 feet of frontage.

(8) Signs shall contain no animation.

(9) Signs shall be processed as permitted uses for signs equal to or under ten feet in height and as conditional uses for signs over ten feet in height, unless specifically limited by the appropriate zone.

(10) The sign base of monument signs shall be equal to or greater in size than the width of the sign face.

(E) Billboards.

(1) A billboard is an off-site advertising sign (usually 12 feet by 25 feet) along an interstate highway, state highway, or city street.

(2) Billboards are prohibited in all zoning districts.

(F) Pole signs.

(1) The maximum height of a pole sign shall be 35 feet above the top of curb, or crown of roadway where no curb exists.

(2) Clearance shall be a minimum of ten feet between the bottom of the sign face and the ground where vehicular or pedestrian traffic is anticipated.

(3) No part of a pole sign can be closer than five feet off of the current or future right-of-way.

(a) The sign setback shall be measured from the future right-of-way line. (See the city’s Transportation Plan.)

(b) In situations where inadequate front yard setbacks exist due to existing building location and a property owner wishes to place a new sign in the future right-of-way, the property/sign owner must sign a recorded statement or delay agreement for voluntary relocation at their expense when the road is widened.

(4) All pole signs shall be placed in a landscaped area at least equal to twice the area of the sign and be architecturally compatible with the building style, colors, and/or materials.

(5) The maximum pole sign area shall be 200 square feet.

(6) All pole signs shall be processed as a conditional use permit.

(a) Interior lots may have one pole sign subject to the provisions of this subchapter.

(b) Corner or double-frontage lots/commercial complexes may choose two on-premises signs (one per frontage) and one off-premises sign, if so desired.

(7) Pole signs shall have the illumination limits from dusk to dawn as follows, from the bottom of sign to top of lighting feature:

Height (feet)	Maximum Lumens Per Side
6'	1,000
8'	1,400
10'	1,800
12'	2,200
Over 12'	Add 100 lumens per foot to a maximum of 4,000 lumens

(G) Freeway-oriented pole signs.

(1) Only one freeway-oriented pole sign is allowed per commercial lot.

(2) The maximum height of a freeway-oriented pole sign shall be 100 feet above the average of the grade of the property that the sign sits on.

(3) The maximum sign area of a freeway-oriented pole sign may be up to 1,000 square feet.

(4) A business applying for a freeway-oriented pole sign must have freeway frontage or access to freeway frontage, which can be leased property, to be eligible for this type of pole sign. Freeway frontage includes property that borders on or off-ramps.

(5) A freeway-oriented pole sign is not required to be placed in a landscaped area.

(6) A freeway-oriented pole sign is not required to have a minimum amount of property to be granted a conditional use permit.

(7). All other provisions regarding pole signs in § 155.340(A)(6) shall apply.

(H) Pylon signs.

(1) All pylon signs shall be processed as conditional use permits.

(2) The size, height, and dimensions of a pylon sign shall be presented to the Planning Commission.

(3) The Planning Commission may deny a request for conditional use permit for a pylon sign based on specific findings. A basis for denial may be (which is not a complete list but examples only) location of business, neighborhood aesthetics, surrounding businesses, or what has been awarded to other similar businesses.

(Ord. passed 4-19-2021)

§ 155.341 SIGN REQUIREMENTS BY ZONING DISTRICT.

(A) Residential and Agricultural Zoning Districts. Signs in this district are subject to all general regulations set forth in this subchapter and to the following additional requirements.

(1) Only the following signs are allowed in residential and agricultural zoning districts:

(a) Name plates;

(b) Public necessity signs;

(d) Monument signs under six feet in height;

(e) Identification signs;

(f) Service signs;

(g) Conditional use signs;

(h) Development promotional, and off-site directional signs;

(i) Political signs; and

(j) Temporary on-site or off-site signs.

(2) These signs shall conform to the following provisions:

(a) One non-illuminated nameplate for each dwelling unit, not exceeding two square feet in area, indicating the name of the occupant and/or an approved home occupation;

(b) One or more public necessity signs not exceeding 24 square feet in combined total area for each commercial or residential use lawfully occupying the premises, provided that no one sign shall exceed eight square feet in area;

(d) One or more service signs not exceeding 16 square feet in area per sign for each residential or agricultural business use lawfully occupying the premises.

(B) Commercial, Industrial, and Manufacturing Zoning Districts. Signs in this district are subject to all general regulations set forth in this subchapter and to the following additional requirements:

(1) The following signs are allowed in these zoning districts:

(a) All signs allowed in Residential Zoning Districts as specified in this subchapter;

(b) On-premises signs as specified in § 155.340, pylon signs, pole signs, and monument signs as described in § 155.340;

(d) Painted signs on walls of buildings are permitted with approved professionally prepared designs;

(e) Pole signs;

(f) Freeway-oriented pole signs; and

(g) 1. Maximum size regulations of all allowed signs may be exceeded upon request with Planning Commission approval.

2. However, Planning Commission shall make specific findings on the record regarding the variance in the size regulations.

(2) Miscellaneous sign provisions.

(a) All signs in the Commercial, Industrial, and Manufacturing Zoning Districts shall measure their setback from the existing right-of-way or future right-of-way. (See city’s Transportation Plan.)

(b) A business may apply for a conditional use permit to have more than one type of sign for their business.

1. The business must provide a detailed explanation regarding number of signs, size, and necessity for the different types of signs.

2. The Planning Commission may make a finding that only one sign is necessary.

3. A basis for denial for multiple signs may be (which is not a complete list but examples only) location of business, neighborhood aesthetics, surrounding businesses, or what has been awarded to other similar businesses.

(d) 1. The area limitation for signs on the face of a building or structure shall be 10% of the front first (defined as the actual first story height or 15 feet, whichever is less) story face and 5% of any other first story face.

2. Fifteen percent of the front first story face may be allowed if no pole signs are requested.