Leo Cedarville City Zoning Code
SIGN REGULATIONS
§ 152.205 GENERAL PROVISIONS.
This subchapter shall be known as the “Sign Regulations” of the Town of Leo-Cedarville.
(Ord. passed - - )
§ 152.206 DEFINITIONS.
§ 152.207 PERMITS AND FEES.
(A) Permits required. Except as otherwise provided herein, it shall be unlawful for any person to erect, construct, enlarge, move or convert any sign within the jurisdiction of the Leo-Cedarville Advisory Plan Commission, or cause the same to be done without first obtaining a sign permit from the Zoning Administrator.
(B) Application. Application for a permit shall be filed with the Zoning Administrator and shall be accompanied by information as may be required by the Zoning Administrator to assure compliance with the laws and regulations of the town, including:
(1) Name and address of the property owner of the premises on which the sign is located or is to be located;
(2) Name and address of the owner of the sign;
(3) Clear and legible drawings with description showing the location of the sign which is the subject of the permit;
(4) All signs on the same parcel or owned by the same business must be noted; and
(5) All signs within 100 feet of the subject sign shall be noted on a plain view drawing.
(C) Permit fees. The permit fee as specified by the official fee schedule shall be paid to the Zoning Administrator at the time that the application is filed.
(D) Effect of sign permit issuance. No permit for a sign issued hereunder shall be deemed to constitute permission or authorization to maintain an unlawful sign nor shall a permit issued hereunder constitute a defense in an action to abate an unlawful sign.
(E) Nullification. A sign permit shall become null and void if the work authorized thereunder has not been started within a period of 12 months or completed within 18 months following the date of the permit.
(F) Permit exceptions. The following shall not be considered as erecting, constructing, enlarging, moving, or converting a sign and therefore shall not be required a sign permit unless otherwise specified.
(1) Changing copy. The changing of copy or message on an approved sign. Provided that no changes are made to the size, height, location or structure of the sign.
(2) Maintenance. Painting, repainting, cleaning or other normal maintenance and repair of a sign or sign structure unless a structural change is involved.
(3) Temporary or exempt sign. Temporary or exempt signs as described in this subchapter.
(G) Variances. A variance from the sign regulations of this subchapter can be granted by petitioning the Board of Zoning Appeals.
(Ord. passed - - ; Ord. 2021-08, passed 10-19-2021)
§ 152.208 INSPECTION, REMOVAL, SAFETY.
(A) Inspection. Signs for which a permit is required may be inspected periodically by the Plan Commission or Zoning Administrator for compliance with this chapter and other codes of the town.
(B) Removal of sign.
(1) The Plan Commission or Zoning Administrator may order the removal of any sign erected or maintained in violation of this subchapter. A 30-day written notice shall be given to the owner or business operator describing the violation and to remove the sign or bring it into compliance. A three-day notice shall be given for temporary or portable signs. The Plan Commission or Zoning Administrator may remove a sign immediately and without notice if the condition of the sign presents an immediate threat to the safety of the public.
(2) Any cost associated with signs removed by the Plan Commission and/or their agent, pursuant to the provisions of this subchapter, shall be reimbursed by the owner of said sign. Should said sign not be redeemed within 60 days of its removal, it may be disposed of in any manner deemed appropriate by the town.
(C) Maintenance. All signs and components thereof shall be kept in good repair and in safe, neat, clean and attractive condition. If failure to maintain a sign is determined by the Plan Commission or Zoning Administrator, a written notice will be given to the owner, business operator or leasee of the property. Thirty days shall be given to the owner, business operator, or leasee of the property to comply to the regulations. After 30 days if the owner/business operator fails to comply penalties shall be imposed according to §§ 152.275 through 152.279 and 152.290 through 152.295.
(D) Abandoned signs. A sign shall be removed by the owner or lessee of the premises upon which the sign is located when the business which it advertises is no longer conducted on the premises. If the owner or lessee fails to remove the sign, the Plan Commission or Zoning Administrator shall give the owner 30 days written notice to remove it. Upon failure to comply with this notice, the Plan Commission or Zoning Administrator may remove the sign at cost to the property owner or leasee.
(E) Street improvement projects. Any sign that is in or projects over a roadway right-of-way at the time of the effective date of this chapter must be removed at the owner’s expense. No sign will be permitted in or projecting over a roadway right-of-way.
(Ord. passed - - )
§ 152.209 NONCONFORMING SIGNS.
(A) Signs which existed prior to the time this chapter was passed and were in conformance with previous ordinances will be legally nonconforming until such time a major change is made to the sign, except sign located within or projecting over a roadway right-of-way as described in § 152.208(E), which are never legally non-conforming. Major changes include changing the copy, changing the size, changing the height, adding lights, and/or relocation.
(B) All nonconforming signs shall be kept in good repair, safe, neat, clean and attractive condition. In the event nonconforming signs are not kept in said condition or are demolished by any force whatsoever to the extent of 50% or more of the fair market value of the sign structure, said signs shall then be made to conform to this chapter.
(C) Nonconforming signs that are structurally altered, relocated, or replaced shall comply immediately with all provisions of this chapter.
(Ord. passed - - )
§ 152.210 PROHIBITED SIGNS.
The following types of signs are expressly prohibited in all zoning districts:
(A) “A” frame signs. “A” frame signs or sandwich board, sidewalk or curb signs are prohibited if it is deemed hazardous to pedestrian traffic by the Plan Commission.
(B) Abandoned signs. Such business signs that advertise an activity, business, product or service no longer conducted or available shall be prohibited.
(C) Animated or intensely lighted signs. No sign shall be permitted which is animated by means of flashing, scintillating, blinking or traveling lights or any other device or means not providing constant illumination.
(D) Hand painted signs. Hand painted signs erected as permanent outdoor advertising signs must be done in a professional manner and character. Signs deemed to not meet this criteria by the Plan Commission are prohibited.
(E) Search lights and balloons. Search lights, vertical wind-socks, balloons, gas-filled figures, or similar objects used to attract attention shall be prohibited except as set forth below. Such signs shall be permitted at the opening of a new business in a commercial or industrial district for a period not to exceed seven days. A temporary sign permit must be issued prior to installation or use.
(F) Miscellaneous signs and posters. The tacking, posting or otherwise affixing of signs of any character, visible from a roadway, located on the walls of buildings, barns, sheds, on trees, poles, posts, fences or other structures are prohibited unless specifically permitted by provisions of this chapter.
(G) Moving signs. No sign or any portion thereof shall be permitted which moves or assumes any motion or gives the illusion of moving.
(H) Off-premise signs. Off-premise signs shall be prohibited except as expressly permitted in this subchapter.
(I) Projecting signs. No sign shall project over or into the street right-of-way.
(J) Public areas. No sign shall be permitted which is placed on any post, pole, hydrant, bridge, tree or other surface located on public property or over any street or roadway without the approval of the Plan Commission or Town Council.
(K) Towers (water, radio, etc.) No sign shall be placed on any tower or tank without the approval of the Plan Commission or Town Council.
(L) Unclassified signs. The following signs are prohibited which:
(1) Bear or contain statements, words or pictures of an obscene, pornographic, immoral character, or which contain advertising matter which is untruthful or will offend public morals or decency;
(2) Utilize any motion picture, laser, or visual projection of images or copy in conjunction with any business or advertisement;
(3) Emit audible sound, odor or visible matter;
(4) Are in imitation of, or resemble an official traffic sign or signal, or which bear the words “Stop”, “Slow”, “Caution”, “Danger”, “Warning”, or similar words;
(5) May be construed as a light of an emergency or road equipment vehicle;
(6) Hide from view any traffic or roadway sign, signal or device;
(7) Obstruct any door, fire escape, stairway, or any opening intended to provide entrance or exit for any building or structure; or
(8) Contain any moving or progressively changing text.
(Ord. passed - - )
§ 152.211 EXEMPTIONS.
The following types of signs are exempted from the provisions of this subchapter unless determined by the Plan Commission or Zoning Administrator to be unsafe or in excess of the purpose for the exemption.
(A) Street address sign. A sign on a primary structure may be mounted flush against the structure and that such sign shall not exceed two square feet in size.
(B) Damaged signs. A legal sign which is damaged or destroyed by wind, weather, or other accidental means beyond the control of the applicant may be replaced to its original size, shape, and location (as prior to the accident) without obtaining a permit. Replacement of a damaged or destroyed sign with a sign of different size, shape, type or location from the original sign shall require a permit in compliance with this chapter. A legally non-conforming sign that is damaged may not be replaced without a variance granted by the Board of Zoning Appeals and a permit.
(C) Integral signs. Names of building, date of erection, monumental citations, commemorative tablets and the like when carved into stone, concrete or similar material or made of bronze, aluminum, or other permanent type construction and made an integral part of the structure. In no case shall an integral sign be allowed if it advertises a business or product.
(D) Parking signs. Signs for public and private parking shall be permitted. The leading edge of such signs shall be subject to a three-foot setback from the curb or pavement edge and shall not be used for advertising purposes. Signs shall be no higher than six feet off the ground and no greater than two square feet in area. Such signs shall be installed so as to not present a hazard to pedestrians or motor vehicles.
(E) Private traffic/direction signs. Signs directing traffic movement onto or within a premise shall be permitted. However, illumination of these signs shall not be permitted. The leading edge of such signs shall be a minimum of three feet from any curb or edge of pavement. The sign shall be no higher than six feet off the ground and no greater than three square feet in area.
(F) Public signs. Signs of a noncommercial nature and in the public interest erected by or on the order of public officer(s) in the performance of public duty, such as signs to promote safety, no trespassing, or traffic signs, memorial plaques, signs of historical interest, and signs directing people to public and quasi-public facilities.
(G) Banners and pennants. Festival or public notification banners and pennants shall be permitted. Such banners and pennants must be for a public or quasi-public endeavor or activity. In no case are they permitted if they project in or over public rights-of-way without the permission of the Plan Commission or Town Council.
(H) Name plates. A nameplate which shall not exceed two square feet in area is permitted for each dwelling unit of a single-family or multifamily dwelling; such nameplate shall state nothing other than the name and/or address of the occupant. No other sign shall be allowed.
(I) House sale or rental signs. Signs on the premises announcing rooms, apartments or house for sale or rent provided that such signs comply with provisions of § 152.212(E).
(J) Social or charitable organizations. Signs erected by organizations that are established solely for purposes of national, social, patriotic, political, or athletic nature or the like thereof.
(K) Vehicle or product for sale signs. Signs on a vehicles or products for sale are permitted provided the sign is painted or attached directly to the vehicle or product and does not project from the vehicle or product. Such vehicles or product shall be located a minimum distance of ten feet from any street right-of-way and shall be located so as to not create an obstruction or hazard to the traveling public. Such vehicle or product must be owned by the property owner and not be for sale as a commercial operation. No more than one product may be displayed at one time and not for a period of more than 30 days over the course of a three-month period of time, except for garage/yard sales that are authorized under provisions of this code and which do not last longer than two days in any three-month period.
(L) Utility signs. Utility signs are permitted to mark cables and lines for public and private utilities except if determined to be a hazard by the Plan Commission.
(M) Green address signs, provided by the local fire department, are permitted and encouraged wherever possible.
(Ord. passed - - ; Ord. 2021-08, passed 10-19-2021)
§ 152.212 TEMPORARY SIGNS.
The following signs shall be permitted as long as there is no risk to public safety. The sign may not be located within the public right-of-way without express written permission of the Town Council.
(A) Construction signs. Construction signs which identify the architects, engineers, contractors and other individuals or firms involved with the construction but not including any advertisement of any product, and signs announcing the character of the building enterprise or the purpose for which the building is intended during the construction period to a maximum of 26 square feet. The minimum setback shall be ten feet from any street right-of-way. The sign shall be confined to the site of construction and shall be removed within 30 days after the end of construction.
(B) Garage sale signs. Signs advertising the sale of miscellaneous household items for the purpose of a residential “garage” or “yard” sale shall not exceed 26 square feet in total area of all signs. Such signs may be erected on the premises one week in advance of the sale and shall be removed within 48 hours after the sale. Per I.C. 35-43-1-2, garage sale signs are strictly prohibited from being posted on utility poles or in the right-of-way.
(C) Political campaign signs. Political campaign signs announcing the candidates seeking public political office shall be confined within private property with owners permission and not within the street right-of-way. They shall be permitted no more than 45 days prior to the scheduled election and shall be removed within three days after the day of election.
(D) Portable signs. Signs placed upon wheels or lightweight frames for convenient moving and with changeable letter boards for convenient changing of sign copy, shall be prohibited except as noted below.
(1) Portable signs shall be permitted for newly established businesses, relocated businesses for a period of 30 days provided that such sign shall:
(a) Be located not less than five feet from any public right-of-way;
(b) Not exceed seven feet from ground level;
(c) Not obstruct the flow or sight pattern of vehicular traffic;
(d) Not be less than ten feet from adjoining residential lots;
(e) Have a face not exceeding 32 square feet; and
(f) Not have blinking lights.
(2) Service and charitable organizations shall be permitted the use of these portable signs two times per calendar year for a maximum of 14 days each time.
(E) Real estate signs. One real estate sign advertising the sale, rental or lease of the premises or part of the premises on which the sign is displayed shall not exceed six square feet in single-family residential zones and 16 square feet in business, commercial or industrial zones. Such sign shall be removed within 14 days of the sale, rental or lease. The minimum setback from street right-of-way shall be ten feet. Signs shall reflect no advertising or promotional material other than to indicate the party listing the property for sale, rental or lease, sale price, and contact information. Such sign shall not be required to obtain a permit. Four off-site real estate directional signs are permitted for a period of 48 hours in a seven-day period when in conjunction with an open house and may not exceed 24 square feet in total sign area for all directional signs. Off-site real estate development directional signs shall be allowed only by approval of the Zoning Administrator.
(F) Banners and pennants. Banners and pennants advertising new products shall be permitted for only seven days.
(1) Each businesses is allowed 15 temporary permits for banners or pennants per calendar year;
(2) Banners or pennants shall be placed on a building wall or permanent structure;
(3) All setback regulations for a primary structure will apply to the location of banners or pennants;
(4) The total sign area may not exceed 36 square feet; and
(5) Failure to remove the banner or pennant will result in a penalty equal to the permit cost and the loss of one temporary sign permit from the 15 allowed during each calendar year.
(G) Subdivision or multi-family sign. Two temporary subdivision or multiple-family project identity signs indicating only the name and/or address of the premises and/or the name of the management. Such signs shall not exceed 32 square feet in area per sign and shall be located a minimum distance of ten feet from any street right-of-way. The maximum time period allowed will be 12 months.
(Ord. passed - -; Ord. 2021-08, passed 10-19-2021)
§ 152.213 ILLUMINATION.
Any electronic message board sign proposed for a Residential District that does any of the following, blinks, flashes, flutters, changes light intensity, brightness, or color, or has a scrolling or changing message, must be approved by the Planning Commission.
(Ord. passed - - ; Ord. 2021-08, passed 10-19-2021)
§ 152.214 SIGN STANDARDS BY ZONE DISTRICTS.
(A) The following sign standards by districts are intended to include every zone district within the jurisdiction of the town. The zoning districts are as defined in §§ 152.025 through 152.028, 152.040 through 152.045, 152.060 through 152.064, and 152.075 and geographically located on the Official zone map. Only signs as described herein and as may be described under temporary signs and exemptions shall be permitted in each particular zoning district.
(B) If any zoning district is omitted from this chapter or if a new zoning district is created after enactment of this chapter, no sign shall be permitted therein until this chapter shall have been amended to include the new zoning district.
(Ord. passed - - )
§ 152.215 RESIDENTIAL ZONING DISTRICTS.
This section of the sign regulations shall apply to all zoning districts designated as R1, R2, R3, R4, and R5.
(A) Signs permitted in the R1 and R2 (Low Density) Districts.
(1) One nameplate sign not exceeding a combined area of two square foot in area is permitted on the primary structure. No permit is required. No illumination is permitted.
(2) One sign in conjunction with a home occupations is permitted. Said sign must not exceed two square feet and shall not be illuminated. A permit is required.
(3) A church, or public building sign, shall not exceed 100 square feet in total area and may be illuminated according to provisions in this subchapter. A permit is required.
(4) Signs under temporary signs and exemptions in this subchapter are permitted as per the regulations of this subchapter.
(5) Gateway signs for subdivisions are permitted as per the regulations in the Subdivision Control Ordinance. Said signs shall not exceed six feet in height. Maximum size shall be 50 square feet in area.
(B) Signs permitted in the R3, R4, and R5 (Medium and High Density) Districts.
(1) One nameplate sign not exceeding two square foot in area is permitted per single family, duplex and/or multiple family unit. No permit is required. No illumination is permitted.
(2) One sign in conjunction with a home occupation is permitted on single family detached residences. Said sign must not exceed two square feet and shall not be illuminated. A permit is required.
(4) A wall sign stating only the name of the church, school, or public building may be approved by the Advisory Plan Commission, not to exceed 100 square feet.
(6) For funeral homes or mortuaries, an illuminated nameplate shall be permitted, provided it is not greater than 32 square feet in area.
(7) A maximum of two permanent or temporary multifamily project “identity signs” shall be permitted for the main entryway. In the event the project has entries from more than one street, additional identity signs may be permitted by the Advisory Plan Commission. Any temporary sign, as provided in § 152.212 shall be removed before a permanent sign may be erected. Project identity signs shall not exceed six feet in height. Maximum size shall be 50 square feet.
(C) Location.
(1) All permanent signs shall be placed a minimum of ten feet from any street right-of-way.
(2) All temporary signs shall be placed a minimum of ten feet from the pavement edge.
(3) Building-mounted signs shall be flush mounted. There shall be no projection of any sign above the roofline.
(4) Permitted signs shall not be placed in utility easements or drainage easements as defined on recorded plats or site plans.
(5) Signs shall not be placed as to interfere with the sight path of vehicular traffic.
(Ord. passed - - )
§ 152.216 COMMERCIAL ZONING DISTRICTS.
This section of the sign regulations shall apply to all zoning districts designated as OC, DC, and C1.
(A) Ground sign.
(1) Limit of one. One ground sign indicating the name and nature of the business shall be permitted for each business parcel.
(2) Height. The height of any ground sign shall be such that no part of the sign face shall exceed a maximum height of six feet from the original ground grade.
(3) Size and location. A ground sign shall be placed a minimum distance of ten feet from any street right-of-way. The entire sign unit, side to side, top to bottom, shall not exceed 50 square feet (5 x 10) in area.
(4) Illumination. All permitted signs in this district may be lit but shall not shine directly or indirectly into adjacent residential areas.
(B) Wall sign. One wall sign shall be permitted on each building. Maximum sign area shall be one and one-half square feet for each lineal foot of building frontage; however, in no instance shall such signage exceed 50 square feet for a single business. Wall signs shall be mounted flush against the building. The face area may be increased by 75% if the sign is for two or three businesses, and may be increased by 100% if the sign is for more than three businesses.
(C) In the Old Town/DC zoning district of State Road One, there shall be no ground signs.
(Ord. passed - - )
§ 152.217 OTHER ZONING DISTRICTS.
This section of the sign regulations shall apply to all zoning districts designated as C2.
(A) For free standing buildings. Permitted signs for free standing buildings including free standing buildings located at strip and enclosed mall shopping centers.
(1) Ground or pole signs. Either one ground sign or one pole sign (but not both) indicating only the name and nature of the occupancy shall be permitted for each business parcel. Such sign shall not exceed 100 square feet in area hereof and a pole sign shall not exceed 35 feet in height. Such sign shall be installed in accordance with location criteria as explained in this subchapter. Such ground sign may be illuminated as provided in this subchapter. Where the business lot frontage is 100 feet or less, only a ground sign shall be permitted.
(2) Wall signs. Signage on the wall of a building shall not exceed 20% of the total area of the wall, up to a maximum of 200 square feet per wall. In computing wall area for the purposes of this section, the areas covered by doors or windows shall be excluded.
(3) Marquee signs. Marquee signs are permitted on the face of marquees subject to the following conditions: the lower edge of the marquee sign shall be no less than eight feet above the sidewalk at any point. Unless otherwise approved by the Commission, no part of such sign shall project above the roofline.
(B) Permitted signs for strip shopping centers.
(1) Pole signs. Pole signs at strip shopping centers and in industrial zones may be made a part of the site development plan or erected at a later date and shall be subject to the approval of the Advisory Plan Commission and shall meet the following requirements:
(a) One pole sign shall be permitted;
(b) Such sign shall indicate only the name and location of such business or businesses;
(c) Such sign shall have a maximum surface area not exceeding 200 square feet; except as otherwise permitted in this subchapter;
(d) Where a strip shopping center or developed parcel in an industrial zone has in excess of 200 feet of street frontage, one additional free standing pole sign may be approved by the Advisory Plan Commission;
(e) Where a strip shopping center or developed parcel in an industrial zone is authorized by the Advisory Plan Commission to have more than one free standing pole sign, the distance between each sign shall be not less than 100 feet; and
(f) Such signs may be illuminated as provided in this subchapter or as approved by the Advisory Plan Commission.
(2) Wall signs. Signage on the wall of a building shall not exceed 20% of the total area of the wall up to a maximum of 200 square feet per wall. In computing wall area for the purposes of this section, the areas covered by door or windows shall be excluded.
(3) Marquee signs. Marquee signs as provided in this subchapter shall be permitted.
(4) Bench signs. Bench signs as provided in this subchapter shall be permitted.
(D) Signs for commercial/office parks. Off-premise signs shall be permitted for directing the traveling public to commercial or industrial parks (strip shopping center or mall not included) providing the following requirements are met:
(1) A permit shall be obtained prior to the erection of the sign;
(2) Such sign shall indicate only the name, location, and information about the park itself, products or services shall not be advertised;
(3) Such sign shall have a maximum sign face area of 100 square feet, a minimum height of nine feet above grade level, a maximum height of 35 feet above grade, and a minimum setback of 15 feet from street right-of-way;
(4) Such sign shall be a minimum distance of 100 feet from any residential zoning district; and
(5) Such sign shall be a minimum distance of 500 feet from any other “off premises” sign.
(E) Signs advertising more than one business. Signs advertising more than one business shall be permitted subject to the following:
(1) If two or three businesses are served, the maximum permitted sign area shall be increased to an area no greater than 50% larger than the total area permitted for a single business.
(2) If more than three businesses are served by such advertising, the total area shall be increased no more than double the area permitted for a single business.
(3) In no instance shall a sign exceed 400 square feet on any face.
(Ord. passed - - )