Kouts City Zoning Code

SIGN REGULATIONS

§ 154.265 PROHIBITED SIGNS.

The following signs shall be prohibited in all zoning districts:

(A) Signs which are illegal under the laws and regulations of the State of Indiana;

(B) Signs which violate the provisions of the State of Indiana Building or Electrical Codes;

(D) Signs which interfere with, block or in any manner obscure directional and official signs;

(E) Signs which are illuminated in such a way as to cast unreasonable light or shadows upon neighboring properties or buildings;

(F) Signs which are affixed to any tree or utility pole;

(G) Off-premises signs located in any residential zoning district;

(H) Portable off-premises signs and portable on- premises signs for longer than 24 hours;

(I) Signs which display any flashing or intermittent lights or lights changing intensity or color, except signs indicating time or weather conditions;

(J) Signs which contain fluttering, rotating or other moving parts, whether operated by motor, electrical current or atmospherical forces;

(K) Signs which lie within the visual triangle of private drives or public thoroughfares.

(Ord. 1995-12, passed 7-6-95)

§ 154.266 SIGNS PERMITTED WITHOUT OBTAINING PERMIT.

The following signs shall be permitted, without obtaining a permit, as hereafter set forth.

(A) Residential Zoning Districts.

(1) Signs not exceeding one square foot in area and bearing only property numbers, post office box numbers or names of occupants of premises.

(2) Directional and official signs and notices, historical markers or identification guides, erected by governmental bodies.

(3) Flags, insignia, banners or logos of any government, except when displayed in connection with any commercial production or partisan political advertisement.

(4) Integral decorative or architectural features of buildings.

(5) Temporary signs, not exceeding nine square feet, located advertising the sale or rental of the premises or advertising a garage sale, auction or moving sale.

(6) On-premises signs identifying the property as being used as publicly or privately owned buildings and schools licensed by the State of Indiana, for grades 1 through 12 or non-profit organizations.

(7) Special event signs for churches, clubs, government or non-profit organizations for a period not to exceed ten days, with the following restrictions:

(a) The signs shall be non-illuminated and shall not encroach on any designated right-of- way;

(b) The signs shall be restricted to 32 square foot poster-type signs, but may include flags, pennants or bunting which shall be removed at the conclusion of the event;

(c) Political signs for election purposes shall be permitted, provided they do not encroach on public rights-of-way or easements. The signs shall not be in place more than 30 days prior to an election and 48 hours after an election.

(B) Open Space, Commercial and Industrial Districts.

(1) All signs permitted within Residential Zoning Districts.

(2) Letters, trademarks or other insignia of any on-premises commercial enterprise, permanently affixed and containing no moving parts, flashing lights or illumination.

(3) Permanent signs located on-premises, not exceeding eight square feet, nor more than four feet high, containing no advertising matter and limited to guiding and directing traffic and parking on the premises.

(4) On-premises, non-illuminated signs projecting at right angles for a distance of less than 12 inches from the building and at such a height as to constitute no hazard to passing pedestrian and vehicular traffic.

(Ord. 1995-12, passed 7-6-95)

§ 154.267 ON-PREMISES SIGNS; STANDARDS.

The following standards shall be applied to all on- premise signs.

(A) Permanent on-premises signs shall only be permitted in O.S., C-1, C-2, C-3, C-4, P.O., L.I. and G.I. Zoning Districts.

(B) Each lot shall not be limited in the number of on-premises signs on the property. However, on- premises signs shall not exceed a total of 300 square feet for all on-premises signs on the property.

(C) No sign shall extend over any public right- of-way. All free-standing signs (a permanent sign not attached or support by a building) shall be set back at least five feet from all public or private road rights-of- way or easement lines and from all interior lots or property lines. Any sign located within 35 feet of the intersection of any two street rights-of-way shall be so designed, located and constructed that a free and unobstructed view is provided from the established grade to a height of ten feet above the established grade.

(D) Height regulations:

(1) Free-standing signs. The maximum height of a permitted free-standing sign or structure shall be determined as follows:

(a) For lots with street frontage of 150 feet or less: 15 feet;

(b) For lots with street frontage of more than 150 feet and less than 300 feet: one foot of height for each ten feet of street frontage;

(d) If a lot has frontage on more than one street, the calculation shall be based on the street with the largest frontage.

(2) Other permanent signs. No maximum height to permanent signs supported and attached to a building and which do not project in any part above the roof line. Any sign so projecting shall be subject to the height regulations for free-standing signs and such shall be measured from the uppermost portion of the sign to ground level.

(Ord. 1995-12, passed 7-6-95; Am. Ord. 1997-5, passed 3-17-97)

§ 154.268 OFF-PREMISES SIGNS; STANDARDS.

The following standards shall be applied to all off-premises signs:

(A) Off-premises signs shall only be permitted in C-3, L.I. and G.I. Zoning Districts;

(B) Permanent off-premises signs shall contain a maximum of 400 square feet and shall not exceed in height the maximum building height limitation for that Zoning District;

(C) Off-premises signs shall be spaced a minimum of 750 feet from another such sign on either side of any two or more lane public thoroughfare;

(D) The maximum height of any portion of a permitted off-premises sign shall be 35 feet;

(E) No sign shall extend over any public right- of-way. All free-standing signs shall be setback at least 25 feet from all public or private road rights-of- way or easement lines and from all interior lots or property lines. Any sign located within 50 feet of the intersection of any two street rights-of-way shall be so designed, located and constructed that a free and unobstructed view is provided from the established grade to a height of ten feet above the established grade;

(F) Nothing in this Zoning Code shall be construed to restrict in any way or to require the necessity of obtaining a permit for the changing or replacement of the advertising face or message on off- premises signs.

(Ord. 1995-12, passed 7-6-95; Am. Ord. 1997-5, passed 3-17-97)

§ 154.269 NONCONFORMING SIGNS.

(A) All permanent signs erected prior to the effective date of this chapter which are in conflict with the terms of this chapter shall be considered legal nonconforming and as such shall adhere to the regulations regarding legal nonconforming uses.

(B) No nonconforming signs shall be moved on the same lot or to any other lot unless the moving will relocate the sign into a zoning district and manner constituting compliance with this section.

(C) All portable signs, special event signs and temporary signs erected prior to the effective date of this chapter which are in conflict with the terms herewith shall be removed or placed in compliance within 180 days after the adoption of this chapter.

(Ord. 1995-12, passed 7-6-95)

§ 154.270 PERMIT REQUIRED.

(A) No person or property owner shall erect or display any sign requiring compliance with the provisions of this chapter in the Town of Kouts without first obtaining a zoning permit as required herein. Drawings and documentation shall be required to be provided by the applicant or property owner seeking to erect or display any sign in any zoning district.

(B) Any person or property owner who erects or displays a sign which requires compliance with the terms of this chapter without first obtaining a permit, as required by this chapter, or who, after having a permit revoked, fails to remove the sign(s), shall be in violation of this chapter.

(Ord. 1995-12, passed 7-6-95)

§ 154.271 APPLICATION FOR PERMIT.

(A) Every person or property owner who seeks to erect or display a sign or signs, as required by the provisions of this chapter, shall file with the Secretary of the Plan Commission, or designated representative of the town, an application for a zoning permit to erect and display the sign or signs in the town.

(B) The person or property owner applying for the zoning permit shall complete an application form as provided and prescribed by the Clerk-Treasurer of the town and, upon approval of the zoning permit, shall pay the zoning permit fees, as required herein, to the Clerk-Treasurer of the town. Every permittee shall update any material change in the information provided in the application whenever such change occurs.

(Ord. 1995-12, passed 7-6-95)

§ 154.272 APPLICABLE PERMIT FEES.

(A) Any person or property owner applying for a sign permit shall pay a $50.00 sign permit fee in addition to any and all other applicable fees.

(B) On-premises advertising devices or business signs: $1.00 per square foot of panel area, as calculated on one side only.

(D) Off-premises advertising devices or billboard signs: $1.50 per square foot of panel area, as calculated on one side only.

(E) Permit fees for the erection and display of signs in the town, as required by the provisions of this chapter, shall be for the term of the use of the sign and as so stated on the face of the zoning permit.

(Ord. 1995-12, passed 7-6-95; Am. Ord. 2020-10, passed 10-12-20)