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Lebanon City Zoning Code

ARTICLE IV

SIGNS

Sec. 36-413. - Compliance required.

No signs shall be erected in the city without a permit issued by the building and zoning official to confirm compliance with this article. Any sign not expressly permitted in this article shall be deemed prohibited.

(Code 1974, § 6-1; Ord. No. 1151, § 6-1, 7-25-2005)

Sec. 36-414. - Computation of sign area allowance.

Within the limitations and restrictions as further provided in this article, the total of the areas of all signs which a person is permitted to display shall not be more than 200 square feet of signs on any street front.

(Code 1974, § 6-2; Ord. No. 1151, § 5-4, 7-25-2005)

Sec. 36-415. - Signs to be nonhazardous, well-maintained.

(a)

No sign shall be erected, relocated, or maintained so as to prevent free access or egress from any door, window, fire escape, or driveway.

(b)

No sign shall be erected or maintained in such a manner that it interferes with, obstructs the view of, or is likely to be confused with any authorized traffic sign, signal, or device.

(c)

Every sign shall be built and maintained in a neat and attractive condition by its owner. The sign supports shall be kept painted to prevent rust or deterioration.

(Code 1974, § 6-3; Ord. No. 1151, § 6-3, 7-25-2005)

Sec. 36-416. - Illumination.

Illumination of signs is permitted, subject to the following requirements:

(1)

No sign shall employ red, yellow, or green lights in such a manner as to confuse or interfere with vehicular traffic.

(2)

No sign, other than electronic message signs, shall have blinking, flashing, or fluttering lights or any other illuminating device which has a changing light intensity, brightness, or color. Beacon lights and illumination by flame are prohibited.

(3)

The light from any illuminated sign shall be shaded, shielded, or directed so that the light intensity or brightness creates neither a nuisance to adjacent property, nor a traffic hazard.

(Code 1974, § 6-4; Ord. No. 1151, § 6-4, 7-25-2005)

Sec. 36-417. - Movement prohibited.

Every sign that revolves, rotates, or mechanically moves in any manner is prohibited.

(Code 1974, § 6-5; Ord. No. 1151, § 6-5, 7-25-2005)

Sec. 36-418. - Signs permitted in any district.

Any sign enumerated below that complies with the indicated requirements is permitted in any district of the city if the use to which it pertains is allowed in that district; such signs shall not be debited against the displaying person's sign area allowance:

(1)

Construction signs identifying the architects, engineers, contractors, and other individuals or firms involved with the construction, or announcing the character or purpose of, the building, but not advertising any product. Such signs shall not exceed 16 square feet in area, shall be confined to the site of the construction, and shall be removed once construction is complete.

(2)

City decorative or commemorative streetlight banners may be erected, subject to approval by the city council.

(3)

Development signs identifying the subdivision, purpose, zoning requirements, layout of lots etc., individuals and phone numbers to contact in regards to the subdivision. Such signs shall not exceed 32 feet and shall be removed when 50 percent of the proposed development is developed, at which time individual real estate signs may be placed on lots.

(4)

Directional and information signs erected for the convenience of the public, providing directional markers for educational, medical, or religious institutions; or such as signs identifying entrances, exits, parking areas, no parking areas, restrooms, public telephones, walkways and similar features or facilities. Such signs shall not exceed three square feet.

(5)

House numbers or name of occupant signs located on the lot to which the sign applies. Such signs shall not exceed three square feet for single-family dwellings, nor six square feet for multiple-family dwellings.

(6)

Garage sale signs advertising a garage or yard sale on private residential property. Such signs shall not exceed four square feet and shall not be posted for longer than five days before the sale and be removed at the close of the day of the sale.

(7)

Governmental or public signs, such as traffic control signs, railroad crossing signs, legal notices, signs indicating the location of underground cables, no trespassing signs, etc.

(8)

Institutional signs for a public, charitable, or religious institutions. Such signs shall be located on the premises of such institution, shall not obstruct the vision of motorists, and shall not exceed 50 square feet.

(9)

Integral signs carved into stone or inlaid so as to become part of the building, and containing such information as date of erection, name of building, and memorial tributes.

(10)

Political signs announcing candidates seeking public political office or political issues and other pertinent information. Such signs shall be confined to private property. In any residential district, political signs shall not exceed 16 square feet. Political signs shall be removed within three days after the election to which they pertain by the parties responsible for the public display. No political sign shall be displayed sooner than 30 days prior to the date of the election to which the sign represents.

(11)

Public interest signs publicizing a charitable or nonprofit event of general public interest. Such signs shall be erected only on private property. Such signs shall not exceed 32 square feet. Public interest signs shall be permitted only for 14 days before and three days after the event.

(12)

Real estate signs indicating the sale, rental, or lease of the premises on which they are located. Such signs on residential property shall not exceed six square feet; on other property, such signs shall not exceed 16 square feet. Not more than one real estate sign per 500 feet of street frontage shall be erected on any lot. Such signs shall be removed within seven days of the sale, rental, or lease.

(13)

Signs located in the interior of any building or within an enclosed lobby or court of any building or group of buildings, provided such signs are designed and located to be viewed exclusively by the patrons or residents of such buildings.

(14)

Street banners advertising a public entertainment or event. Such banners may be displayed only during the period 14 days before and three days after the event.

(15)

Subdivision entrance signs identifying a residential subdivision or apartment complex. Such signs shall contain no commercial advertising and shall not exceed 40 square feet.

(Code 1974, § 6-8; Ord. No. 1151, § 6-8, 7-25-2005)

Sec. 36-419. - Agricultural, residential districts.

On or after the effective date of the ordinance from which this chapter is derived, no sign other than those listed in section 36-418 shall be erected in the agricultural district or in any residential district.

(Code 1974, § 6-9; Ord. No. 1151, § 6-9, 7-25-2005)

Sec. 36-437. - In general.

No person located in the C-1 commercial district or in the industrial district shall display a total area of signs in excess of the allowance derived by application of the formula set forth in section 36-414. Additionally, signs in the C-1 commercial district or in the industrial district shall conform to the requirements of this division.

(Code 1974, § 6-10; Ord. No. 1151, § 6-10, 7-25-2005)

Sec. 36-438. - Flush-mounted signs.

No flush-mounted (wall) sign shall:

(1)

Project more than 18 inches from the wall or surface to which it is attached. If such wall or surface is not vertical, the projection shall be measured from the closest point of the wall or surface to the sign; or

(2)

Extend above the roofline of the building to which it is attached.

(Code 1974, § 6-10.1; Ord. No. 1151, § 6-10, 7-25-2005)

Sec. 36-439. - Window signs.

Signs permanently (i.e., longer than 30 days) mounted in display windows shall be debited against the sign area allowance of the particular establishment. Temporary window signs (for periods less than 30 days) shall not be debited against the sign area allowance.

(Code 1974, § 6-10.2; Ord. No. 1151, § 6-10, 7-25-2005)

Sec. 36-440. - Projecting signs.

No establishment shall display more than one projecting sign on any street front. No projecting sign shall:

(1)

Extend more than five feet in the C-1 commercial district and 15 feet in the industrial district above the roofline of the building to which it is attached;

(2)

Extend below a point eight feet above the ground or pavement;

(3)

Project over a driveway or any public street right-of-way;

(4)

Project more than eight feet from the building to which it is attached; or

(5)

Exceed 16 square feet in area.

(Code 1974, § 6-10.3; Ord. No. 1151, § 6-10, 7-25-2005)

Sec. 36-441. - Canopy or marquee signs.

Signs mounted flush on any canopy or marquee shall be considered flush mounted (wall) signs, and shall meet the requirements of section 36-438. Signs suspended beneath a canopy or marquee shall be considered projecting signs and shall meet the requirements of section 36-440.

(Code 1974, § 6-10.4; Ord. No. 1151, § 6-10, 7-25-2005)

Sec. 36-442. - Freestanding signs.

No person, organization, or business shall display more than two freestanding signs on any street fronts or abutting lots under its ownership or permitted use. Freestanding signs, whether mounted on the ground or post-mounted, shall comply with the following regulations:

(1)

No part of any freestanding sign shall intrude into any public right-of-way. The structural supports of any freestanding sign shall be situated at least seven feet from the edge of the road.

(2)

The area of any freestanding sign shall not exceed 150 square feet.

(3)

When attached to its structural supports, no part of any freestanding sign shall extend more than 15 feet above the ground or pavement.

(4)

The length or width of any freestanding sign shall not exceed 16 feet.

(5)

No sign shall be constructed nearer to an abutting lot than the minimum side setback line of the zoning district in which the sign is placed, except in no case shall a sign be nearer than 15 feet to an abutting lot.

(Code 1974, § 6-10.5; Ord. No. 1151, § 6-10, 7-25-2005)

Sec. 36-443. - Public interest and off-premises signs.

Freestanding off-premises advertising signs are strictly prohibited in every district, except in the C-1 commercial and industrial district. In each zoning district:

(1)

Permanent public interest signs. Community public interest signs are considered off-premises signs and are permitted as long as they are in accordance with section 36-442.

(2)

Temporary freestanding off-premises signs. Temporary freestanding off-premises signs promoting public events or sales may not exceed four locations, 16 square feet in area, and may be placed no closer than seven feet to the edge of the public right-of-way. For sales, the signs will be removed daily at the close of business. For events, signs may be posted 14 days before the event and be removed three days after the event. These signs will be approved by the building and zoning official.

(3)

Temporary freestanding signs for nonprofit organizations. Signs for not-for-profit organizations may be located at the public square for public events 14 days before the event and removed three days after the event. Signs will not exceed 32 square feet and will be approved by the building and zoning official.

(Code 1974, § 6-10.6; Ord. No. 1151, § 6-10, 7-25-2005)

Sec. 36-470. - Purpose.

The purpose of this division is to provide for an aesthetically pleasing environment, to maintain the historical heritage of the city historic shopping district, to protect against erosion of property values, and to provide for the general welfare and safety of the property owners, residents, and merchants of that district.

(Code 1974, § 6-11(a); Ord. No. 1151, § 6-11(a), 7-25-2005)

Sec. 36-471. - Permit.

No sign permit shall be issued by the building and zoning official unless such applicant shall furnish a copy of a certificate of appropriateness as reviewed/recommended by the plan commission.

(Code 1974, § 6-11(b); Ord. No. 1151, § 6-11(b), 7-25-2005)

Sec. 36-472. - Wall and porch roof signs.

(a)

Each building within the district shall be allowed one wall or porch roof sign per business that is located within the building. Additionally, buildings with rear entryways shall be allowed one additional wall or porch roof sign on the rear wall of the building.

(b)

Wall or porch roof signs allowed under this division shall be subject to the following provisions:

(1)

A building wall or porch roof facing St. Louis Street shall have no more than one wall or porch roof sign per business.

(2)

The maximum size shall be no more than 120 square inches per lineal foot of building frontage, provided that the maximum size of the wall and porch roof sign shall not exceed 2,400 square inches.

(3)

When more than one wall and porch roof sign is erected on a building wall or porch roof, the aggregate size of all signs combined shall not exceed 2,400 square inches.

(c)

Signs on building walls or porch roofs not facing St. Louis Street shall be limited in aggregate size to 120 square inches per lineal foot of building wall or porch roof.

(d)

Wall and porch roof signs for and advertising of businesses or products shall not be painted on the exterior walls of buildings or structures. This provision is not to be construed as prohibiting decorative wall murals for public and community appreciation subject to plan commission recommendation and city council approval.

(Code 1974, § 6-11(c); Ord. No. 1151, § 6-11(c), 7-25-2005)

Sec. 36-473. - Hanging and permanent freestanding signs.

(a)

Each building within the district shall be allowed one hanging sign per business that is located within the building; provided that hanging signs shall not be allowed on buildings which have a wall or porch roof sign erected on a building wall facing St. Louis Street. The sign shall not exceed 1,300 square inches.

(b)

Freestanding signs shall be allowed a maximum of 65 square inches of sign per lineal foot of building frontage, provided that the maximum size of the face of any freestanding sign shall not exceed 1,800 square inches.

(c)

Overhead clearance requirements. Any hanging sign displayed over a public walkway must be at least eight feet above the walkway.

(d)

Hanging and freestanding signs in store windows shall be of a permanent nature.

(Code 1974, § 6-11(d); Ord. No. 1151, § 6-11(d), 7-25-2005)

Sec. 36-474. - Nonconforming signs.

See section 36-516.

(Code 1974, § 6-11(e); Ord. No. 1151, § 6-11(e), 7-25-2005)

Sec. 36-475. - Window signs.

(a)

Temporary signs shall not be painted or attached to windows with removable letters.

(b)

Signs painted on windows shall be of a permanent nature.

(c)

Only one sign per business per window shall be permitted, not to exceed one quarter of the area of the window pane.

(Code 1974, § 6-11(f); Ord. No. 1151, § 6-11(f), 7-25-2005)

Sec. 36-476. - Sandwich board and sidewalk signs.

Each business is authorized one sign board which can be placed on the sidewalk in front of its business. The sign will not exceed 1,152 square inches total area per side and will be placed in a location not to cause a safety hazard. The sign can only be on the sidewalk during open business hours. The design and colors will be compatible with the historic district motif. The size of this sign will not be considered as part of the overall size sign limitations.

(Code 1974, § 6-11(g); Ord. No. 1151, § 6-11(g), 7-25-2005)

Sec. 36-477. - Temporary signs.

The following regulations shall control temporary signs:

(1)

Handbills for nonprofit organizations may be placed in each window in a building for a period not to exceed 30 days.

(2)

New businesses shall be allowed one temporary new business sign not to exceed ten square feet in size, which shall be allowed for a period not to exceed 30 days; provided, however, that the plan commission may allow one 30-day extension.

(3)

Open and closed signs shall not exceed one square foot in size and must have the approval of the plan commission. Open and closed signs shall be in keeping with the historic character of this district. Fluorescent cardboard open and closed signs shall be prohibited.

(4)

Each business shall be allowed no more than one sale sign per quarter for a period not to exceed 30 days. Fluorescent cardboard sale signs shall be prohibited.

(Code 1974, § 6-11(h); Ord. No. 1151, § 6-11(h), 7-25-2005)

Sec. 36-478. - Canopy or awning signs.

Canopies and awnings may not contain signs except to identify name or place of business establishment.

(Code 1974, § 6-11(i); Ord. No. 1151, § 6-11(i), 7-25-2005)

Sec. 36-479. - Off-premises signs.

No person shall erect or maintain any off-premises sign within the district unless special permission is granted by the plan commission.

(Code 1974, § 6-11(j); Ord. No. 1151, § 6-11(j), 7-25-2005)

Sec. 36-480. - Restaurants.

Restaurants shall be allowed to display a house menu.

(Code 1974, § 6-11(k); Ord. No. 1151, § 6-11(k), 7-25-2005)

Sec. 36-481. - Multiple businesses.

Multiple businesses within one building may have signs indicating their individual locations, and may share the total square footage of signs otherwise allowed under this division to show the location of individual businesses. It shall be up to the building owner to allocate the permitted signage.

(Code 1974, § 6-11(l); Ord. No. 1151, § 6-11(l), 7-25-2005)

Sec. 36-482. - Character of signs.

All signs shall be so designed as to enhance the historic character of the historic shopping district. The plan commission shall develop a series of performance-design criteria which shall serve as guidelines for the signing of property used for commercial purposes. These guidelines shall be published by the plan commission and shall be on file in the office of the city clerk.

(Code 1974, § 6-11(m); Ord. No. 1151, § 6-11(m), 7-25-2005)

Sec. 36-483. - Lighting of signs.

Lighting of signs shall be allowed, provided that the light source shall be hidden from direct view and shall not detract from the historical nature of the district.

(Code 1974, § 6-11(n); Ord. No. 1151, § 6-11(n), 7-25-2005)

Sec. 36-484. - Banners.

City banners, holiday decorations, and banners for civic organizations are permitted to be affixed to light posts and may be erected subject to approval of the city council.

(Code 1974, § 6-11(o); Ord. No. 1151, § 6-11(o), 7-25-2005)

Sec. 36-485. - Historical flags.

Historical flags shall be allowed, but shall not include pennants, balloons or propellers.

(Code 1974, § 6-11(p); Ord. No. 1151, § 6-11(p), 7-25-2005)

Sec. 36-486. - Variances.

(a)

The plan commission may grant special permission for the erection of any sign which is proven to be a substantially accurate reproduction of a historic sign which had been previously displayed at the proposed location.

(b)

The plan commission may grant special permission for the erection of any sign when it is demonstrated that physical circumstances exist which are peculiar to the applicant's business or building, and which prohibit adequate signage under these regulations.

(Code 1974, § 6-11(q); Ord. No. 1151, § 6-11(q), 7-25-2005)

Sec. 36-487. - Guidelines.

When special permission of the plan commission is necessary, the following guidelines shall be considered:

(1)

Pedestrian and vehicular traffic. The proposed sign shall not obstruct pedestrian or vehicular traffic, nor unduly obstruct or hinder a pedestrian's or motorist's view of sidewalk, streets or buildings.

(2)

Necessity. The proposed sign must be necessitated by a demonstrated inability to provide adequate signage under the regulations imposed by sections 36-472 through 36-488.

(3)

Design, color, lighting, material and lettering. The design, color, lighting, material of construction, and style of lettering of the proposed sign shall not detract from the historical character of the historic shopping district, and shall not contrast with surrounding structures.

(Code 1974, § 6-11(r); Ord. No. 1151, § 6-11(r), 7-25-2005)

Sec. 36-488. - Exception.

The regulations imposed in this chapter shall not apply to the posting of street numbers on buildings, as required by other provisions of the city ordinances.

(Code 1974, § 6-11(s); Ord. No. 1151, § 6-11(s), 7-25-2005)

Sec. 36-515. - Restrictions.

Any nonconforming sign that does not pose an imminent peril to life or property may lawfully remain until the amortization period has elapsed, subject to all the restrictions on the enlargement, alteration, relocation, or reconstruction of nonconforming structures; provided as follows:

(1)

Merely changing the message displayed on a nonconforming sign shall not be construed as a prohibited alteration; and

(2)

When any sign is nonconforming solely because it is appurtenant to a nonconforming commercial/industrial use located in the agricultural district or in any residential district, the sign shall be treated in the same manner as it would be if it were appurtenant to a commercial/industrial use located in any commercial district or in the industrial district.

(Code 1974, § 6-6.1; Ord. No. 1151, § 6-6, 7-25-2005)

Sec. 36-516. - Time for compliance with amendments.

Any sign that becomes nonconforming because of any amendment to this chapter shall either be removed or made to comply with the provisions of the ordinance from which this chapter is derived within five years after its effective date.

(Code 1974, § 6-6.2; Ord. No. 1151, § 6-6, 7-25-2005)

Sec. 36-517. - Strictly prohibited signs.

Except as specifically noted otherwise, the following signs and street graphics are strictly prohibited throughout the city:

(1)

Mobile/portable marquees displayed for more than 72 hours.

(2)

Pennants, streamers, strings of lightbulbs, spinners, or similar devices, except city banners, and holiday lights erected for observed holidays.

(3)

Signs attached to trees, fences, or public utility poles, other than warning signs issued by government officials or public utilities.

(4)

Defunct signs, including the posts or other supports therefor, that advertise or identify an activity, business, product, or service no longer conducted on the premises where such sign is located. Said materials must be removed within 30 days of the closing of the business.

(5)

Business-mounted signs, except in industrial districts or as allowed in C-2 historic district.

(6)

Home occupation signs.

(7)

Billboards, except those allowed by special use permit and except those owned by the city.

(Code 1974, § 6-7; Ord. No. 1151, § 6-7, 7-25-2005; Ord. No. 1198, § 1, 9-10-2007; Ord. No. 1564, § 2, 11-13-2023)