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Long Beach City Zoning Code

SUPPLEMENTAL DISTRICT

REGULATIONS

§ 154.100 TEMPORARY USES.

   The Building Commissioner or Board of Zoning Appeals may grant a temporary use permit, as provided in divisions (A), (B) or (C), for a period not to exceed one year, unless another time limit is specified, and impose other conditions, for seasonal or transitory uses, if it finds that the intended site is appropriate, that adequate operational safeguards will be maintained, and that adjoining established uses will not be adversely affected. The following uses are deemed to be temporary uses and shall also be subject to the specific regulations and time limits which follow:
   (A)   Christmas tree sales. In any district, a temporary use permit may be issued by the Building Commissioner for the display of open-lot sales of Christmas trees, but such permit shall be issued for a permit not longer than 45 days.
   (B)   Contractor’s office and equipment sheds. In any district, a temporary use permit may be issued by the Building Commissioner for a contractor’s temporary structures incidental to a construction project. Such structures shall not contain sleeping or cooking accommodations. Such permit shall be valid for not more than six months but may be renewed for an additional three months. Moreover, such structures shall be removed upon completion of the construction project or upon expiration of the temporary use permit, which ever occurs sooner.
   (C)   Other uses not herein defined. The Board of Zoning Appeals may grant a temporary use permit for other purposes not herein defined for a period not to exceed 30 days to allow temporary structures for private and public gathering, events and the like, provided the standards of this section are fulfilled.
(Ord. 0203, passed 6-10-02) Penalty, see § 154.999

§ 154.101 CORNER VISION CLEARANCE DISTANCE.

   At the intersection of each corner zoning lot, the triangular space determined by the two zoning lot lines at that corner and by a diagonal line connecting the two points on those zoning lot lines that are 15 feet respectively from the corner shall be kept free of any obstruction to vision, as determined by the Police Chief/Town Marshal, between the heights of three and 12 feet above the established grade. (See Appendix B, Figure 7)
(Ord. 0203, passed 6-10-02; Am. Ord. 1002, passed 6-14-10) Penalty, see § 154.999

§ 154.102 ACCESSORY USES ALLOWABLE IN THE PUBLIC RIGHT-OF-WAY.

   (A)   Accessory uses such as public utility installations, ground level walks, driveways, curbs and mail boxes are permitted in the public right-of-way.
      (1)   Permission for construction on any curb must be granted in the form of a permit issued by the Long Beach Building Commissioner.
      (2)   Such permit shall be issued by the Building Commissioner upon approval of the Superintendent of Streets based on an application and drawing showing the type and extent of the construction/installation contemplated by the property owner.
      (3)   No curb shall be:
         (a)   Closer than four feet from the edge of the existing street pavement;
         (b)   No greater than four inches above the surface of the street pavement;
         (c)   The curb and areas between the curb and the existing street pavement be of a hard surface material, concrete, bituminous pavement, stone/cement pavers or other similar materials acceptable to the Building Commissioner; and
         (d)   The installation shall be made to form a smooth surface with the elevation of the street pavement and any adjoining surface.
   (B)   Retaining walls, plaques, ornamental lamp posts, bird baths, or the like are only permitted in the required front, side or rear yard. Driveways on a 40 foot frontage zoning lot located on Lake Shore Drive shall be permitted only in the front yard.
   (C)   Installation of any other structure or lawn ornamentation shall only be permitted by issuance of a variance issued by the Board of Zoning Appeals.
   (D)   Trees, shrubs, flowers, or plants are permitted in any required front, side or rear yard, subject to vision clearance requirements of § 154.101.
(Ord. 0203, passed 6-10-02; Am. Ord. 0704, passed 8-13-07; Am. Ord. 1002, passed 6-14-10) Penalty, see § 154.999

§ 154.103 ALIGNMENT OF FRONT BUILDING SETBACK LINE.

   Where the front building line of the principal structure on abutting zoning lots do not conform with the front yard setback requirements of the Town Schedule of Zoning District Regulations, Appendix A, for the zoning district in which the zoning lots are located, the Board of Zoning Appeals may vary the front yard setback requirements to align the front building line of the proposed principal structure with the front building lines of the principal structures on the abutting zoning lots.
(Ord. 0203, passed 6-10-02)

§ 154.104 SUBDIVISION FRONT YARD SETBACKS AND ZONING COMPLIANCE.

   If the front yard or building setback lines established in recorded subdivisions are less than the setback requirements set forth in the Town Schedule of Zoning District Regulations, Appendix A, for the district in which the zoning lot is located, the setback provision of Appendix A shall govern.
(Ord. 0203, passed 6-10-02)

§ 154.105 FRONT YARD SETBACK REQUIREMENTS FOR THROUGH AND CORNER LOTS.

   On through and corner lots a front yard setback meeting the minimum requirements of the zoning district in which the zoning lot is located are required on each street, place or courtway frontage.
(Ord. 0203, passed 6-10-02) Penalty, see § 154.999

§ 154.106 STRUCTURE PROJECTION INTO SETBACKS.

   (A)   No enclosed living space, including, but not limited to, an enclosed or covered porch, may project into any setback.
   (B)   Ground level stairs may extend up to 48 inches into a side setback. However, no railings for stairs or walkways may be installed in any side setback.
   (C)   Architectural features, including, but not limited to, chimneys, cornices, canopies, catwalks, elevated decks, elevated stairs, balconies, or similar features, may not extend or project into the required front, side or rear yard setback. However, eaves may extend up to 24 inches into the front, side, or rear setback.
   (D)   An open platform, which for purposes of this section shall mean a ground surface walkway or surface deck, is permitted in side setback areas up to 48 inches, but any such platform must be made of non-combustible materials.
(Ord. 2018-06, passed 9-10-18) Penalty, see § 154.999

§ 154.107 LOCATION OF ACCESSORY BUILDING OR STRUCTURE ON A TAPERED ZONING LOT.

   Where a reversed interior zoning lot abuts a corner zoning lot, place or an alley separating such lots, an accessory building or structure located on the rear of the zoning lot line of a corner zoning lot shall be setback from the side street or place as far as the dwelling on the reversed interior lot. For each foot that such accessory building or structure is placed from the rear line toward the front of the corner lot, the accessory building or structure may be set four inches closer to the side street line, but in no case closer than the required setback for the district in which the zoning lot is located. (See Appendix B, Figure 5)
(Ord. 0203, passed 6-10-02; Am. Ord. 1002, passed 6-14-10) Penalty, see § 154.999

§ 154.108 AIR, WATER, WASTE, LIGHT AND NOISE POLLUTION.

   (A)   No residential or business operation or activity shall discharge, or cause to be discharged, air, liquid or solid waste or storm waters in violation of state and federal law and regulation.
   (B)   No residential or business operation or activity shall cause any site lighting to emanate beyond the boundary of the zoning lot.
   (C)   No residential or business operation or activity shall cause any discernable sound to emanate beyond the boundary of the zoning lot during the period of 10:00 p.m. to 7:00 a.m.
(Ord. 0203, passed 6-10-02) Penalty, see § 154.999

§ 154.109 PLACEMENT AND REMOVAL OF GARBAGE/RECYCLING RECEPTACLES.

   (A)   No residential, commercial or business operation or activity shall cause to be placed within ten feet of the paved portion of any street or place where there shall be more than ten feet between the paved portion of the street and the nearest structure, or place any trash, garbage or recycling container, bin or any other receptacle used for the disposal of any matter prior to the morning of the day before scheduled garbage/recycling pick-up. All trash, garbage or recycling containers, bins, or any other receptacle used for the disposal of any matter shall be retrieved from the side of the street or place by noon on the day after the scheduled garbage/recycling pick-up.
   (B)   In addition to the enforcement authority generally provided in the Zoning Code, the Town's Building Inspector shall be the town official responsible for enforcement of the requirements of this section.
   (C)   Penalties.
      (1)   Penalties for violations of this section shall be as follows:
         (a)   First weekly violation. Written warning.
         (b)   Second weekly violation. Final, written warning.
         (c)   Third weekly violation. Fine of ten dollars.
         (d)   Fourth weekly violation. Fine of $25.
         (e)   Fifth weekly violation and each subsequent violation. Fine of $50.
      (2)   Violations shall be considered to occur on a weekly (for garbage) and bi-weekly (for recycling) basis rather than on a daily basis. No property owner shall receive more than one violation during any one week/bi-weekly period. Each period that a violation exists shall be construed as a separate, weekly/bi-weekly offense; and nothing in this section shall be construed to limit any other remedies at law or equity.
      (3)   Notwithstanding any other provision of this section, the number of violations accrued between April 1 of a given year and March 31 of the following year shall reset on April 1 of that following year for the purpose of determining penalties to be imposed.
(Ord. 2019-01, passed 7-8-19)

§ 154.110 FIRE SUPPRESSION REQUIRED; STRUCTURES GREATER THAN 4,000 SQUARE FEET.

   All buildings or structures constructed after the date of this chapter having greater than 4,000 square feet of gross ground floor area (excluding basement and garage area), and any addition or remodeling resulting in a gross floor area greater than 4,000 square feet of gross floor area shall be required to install within the new construction, a fire suppression system designed by a duly qualified professional holding a state or national license or certification or a qualified building inspector holding an appropriate state or national building inspector certification deemed acceptable by the Building Commission and Fire Chief.
(Ord. 0203, passed 6-10-02) Penalty, see § 154.999

§ 154.111 SAND MINING AND MINERAL EXTRACTION PROHIBITED.

   Sand mining or mineral extraction except for removal of soil necessary for the construction of a building pursuant to an approved location improvement or building permit is expressly prohibited.
(Ord. 0203, passed 6-10-02) Penalty, see § 154.999

§ 154.112 EARTH CHANGES, ALTERATION OF TOPOGRAPHY, AND STEEP SLOPE EXCAVATION OR CONSTRUCTION.

   (A)   Earth changes and alteration of topography. It is a goal of the town to retain the current dune topography to the maximum extent possible and require developers of zoning lots to plan the development of the zoning lot so as to minimize changes in topography. Therefore, a building permit is required to modify the topography of any zoning lot from its current condition. All applicants for a building permit shall be required to submit a topographic survey, signed by an Indiana Registered Surveyor, showing the existing topography of the zoning lot and proposed final topography of the zoning lot. In granting a permit, the Building Commission shall consider and make the following determinations:
      (1)   The planning and design of the of all structures, revetments, retaining walls and the like are designed to minimize the amount of topographic change of the zoning lot necessary for the construction of the proposed buildings and structures;
      (2)   The level and shape of all finish grading will complement the natural contour of the zoning lot and all abutting lots and rights-of-way;
      (3)   Proposed landscaped areas will complement the natural contour of the zoning lot and all abutting lots and rights-of-way;
      (4)   Proposed changes of topography minimize disruption of existing plants and/or ground cover on the zoning lot and all abutting zoning lots; and
      (5)   Proposed changes of topography provide for adequate fire safety access as determined by the Town of Long Beach Fire Chief.
   (B)   Steep slope excavation and construction. The Building Commission may require an engineering study before a building permit will be issued for excavation and/or construction on any lot that has a slope steeper than 34° in the immediate area on which any such excavation and/or construction will occur. Notwithstanding the forgoing provision, this requirement shall apply to stairs or decks built into a steep slope but not those built above or over a steep slope. The building permit shall be subject to or conditioned upon the following additional requirements:
      (1)   Any required MS4 permits, approvals, and/or waivers.
      (2)   The building permit shall specifically require that the recommendations of the engineering study be followed.
      (3)   The engineering individual, firm, or corporation providing the study also be responsible to monitor the excavation and construction until completion;
      (4)   The engineering individual, firm, or corporation shall provide the Building Commission with weekly progress reports regarding excavation and/or construction as it relates to the engineering study;
      (5)   The engineering study and other engineering services required shall be provided by an Indiana registered professional geotechnical engineer.
      (6)   All such engineering studies and reports shall be evaluated on behalf of the town by a licensed Indiana registered professional geotechnical engineer or engineering firm of its choosing.
      (7)   Any and all expenses incurred by the licensed Indiana professional geotechnical engineering firm or person chosen by and acting on behalf of the town as well as the engineer individual, firm, or corporation acting on behalf of the property owner, shall be borne by the property owner.
      (8)   The contractor shall be required to secure and maintain an insurance policy with a minimum combined single limit coverage of at least $1,000,000, for the purposes of insuring the interests of the town, the property owner, contractor, and adjacent or other affected property owners, subject to the approval of the Long Beach Building Commission. Within the sound and reasonable discretion of the Building Commission, coverage may be required in an amount in excess of $1,000,000.
(Ord. 0203, passed 6-10-02; Am. Ord. 2022-13, passed 12-12-22) Penalty, see § 154.999

§ 154.113 PARKING OF NON-LICENSED, NON-OPERATING AND CERTAIN TRUCKS PROHIBITED.

   (A)   No person shall park or cause to be parked a non licensed (operable or non operable) or licensed non operating vehicle of any type on any public or private property within the town, unless enclosed in a garage. In terms of this section a carport or other structure which does not completely enclose the vehicle shall not be considered fulfillment of the definition of a garage for the storage of such vehicles. Storage of a vehicle under a tarp or other fabric or plastic cover shall not be considered compliance with the terms of this section.
   (B)   No person shall park or cause to be parked any commercial truck including tractors, tractor and trailer combinations, dump trucks, flatbed trucks, stake-bed trucks, utility vans, step-vans, any truck over one ton, any truck with more than four tires, and any other vehicle except automobiles, sport utility vehicles, single-axle pickup truck, non-commercial use dually (also referred to as dual-rear-wheel trucks/DRW) registered with the Indiana Bureau of Motor Vehicles in the owner’s individual name, and delivery vans in the town.
(Ord. 0203, passed 6-10-02; Am. Ord. 2025-05, passed 9-8-25) Penalty, see § 154.999

§ 154.114 HOUSE AND BUILDING ADDRESS IDENTIFICATION REQUIRED.

   All principal buildings including all houses and business structures, shall display in the immediate vicinity of the front door, the address of the property so it can be seen from the street immediately in front of the principal structure. The letters and numbers shall not be less than four inches in height.
(Ord. 0203, passed 6-10-02) Penalty, see § 154.999

§ 154.115 TOWERS; INCLUDING POWER GENERATION, COMMUNICATION, RADIO, TV AND THE LIKE.

   (A)   A tower used for any purpose, not otherwise governed by federal regulation or a cellular communication tower regulated by § 154.117, is prohibited in all residential zoning districts. In all non- residential districts a TV antenna tower may be installed in the rear yard, the location of which shall be approved by the Board of Zoning Appeals.
   (B)   HAM radio towers and antenna, accessory to a residential use, may be located only in a rear yard. A ground antenna, an antenna located between ground level and eight feet above ground level shall be completely enclosed by a fence.
(Ord. 0203, passed 6-10-02) Penalty, see § 154.999

§ 154.116 LOCATION OF HEATING, VENTILATION, AIR CONDITIONING AND SIMILAR DEVICES.

   Placement of any heating, ventilation, air conditioning or similar device used to service a residential dwelling or other structure located in a residential zoning district shall be located only in the rear or side yard unless varied by the Board of Zoning Appeals.
(Ord. 0203, passed 6-10-02) Penalty, see § 154.999

§ 154.117 CELLULAR COMMUNICATION TOWERS.

   (A)   Intent to provide for wireless communication services. It is the intent of this chapter to allow communication and other similar towers to serve the ever changing technology in the field of personal and business communications for wireless communications as defined in the Telecommunications Act of 1996 which includes Federal Communications Commission (FCC) licensed commercial wireless telecommunications services including cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging and similar services that currently exist or that may in the future be developed. The term TOWER shall include all communication towers, other wireless communication antenna support structures, antennas, buildings/facilities and any similar structures necessary for the provision of wireless communication services.
   (B)   Policy of collocation of antenna and antenna arrays on existing structures. It is the policy of the town to encourage the collocation of antenna and antenna arrays on existing towers, either privately owned or owned by the town, including the existing water tower, existing communications towers and location of a new tower upon land owned by the town; specifically at the Street Department garage facility on land so designated for such purposes. Location of an antenna/antenna array and related equipment shall be permitted as a special use pursuant to the provisions of this chapter. A proposal for the location of a new tower or communication structure for the purpose of collocation of wireless communication antenna/antenna arrays and which meets the locational requirements and construction standards set forth in division (D) below, may be permitted as a special use issued by the Board of Zoning Appeals only on land owned by the town as prescribed above or as prescribed in the following divisions.
   (C)   Restriction upon the location of new towers unless standards are met. It is a policy of the town to prohibit the location of any additional towers or other communication support structures within the town limits unless the applicant can demonstrate to the reasonable satisfaction of the Board of Zoning Appeals that the following conditions exist and the location of the proposed tower or other communication support structure meets the locational requirements and construction standards as set forth in division (D), below:
      (1)   There is no existing tower or other communication support structures located within the town limits for which the applicant’s proposed antenna or antenna array can be attached which meets the applicant’s engineering requirements;
      (2)   There is no existing tower or other support structures located within the town having sufficient height to meet the applicant’s engineering requirements;
      (3)   There is no existing tower or other support structures located within the town having sufficient structural strength to support the applicant’s proposed antenna or antenna array; and
      (4)   The applicant has demonstrated to the satisfaction of Board of Zoning Appeals that the proposed tower location and the antenna to be located thereon will not cause communication, television or radio interference.
   (D)   Location requirements, construction standards and other conditions. All newly constructed towers, communication support structures and any related equipment shall conform to the following locational requirements, construction standards and other conditions as follows:
      (1)   Towers, not otherwise permitted in this section, shall be allowed as a special use in a residential or commercial district;
      (2)   The minimum zoning lot size shall be 1/4 acre of land area;
      (3)   The base of the tower or other communication structure shall be of the self-supporting type and not be of the construction which requires cable support of any kind;
      (4)   The tower must be set back from all property lines a distance equal to its height, unless engineering plans and specifications have been verified by an Indiana Registered Structural Engineer, designated by the Building Commissioner, that the structural integrity of the tower will withstand the maximum high wind velocity for the area, as reported by a nationally recognized weather service or Town Building Code specifications, and associated impacts, and the likelihood of a tower failure is minimal;
      (5)   Accessory structures are limited to uses associated with the operation of the tower and may not be located any closer to any property line than 40 feet;
      (6)   Accessory structures shall not exceed 100 square feet of gross building area;
      (7)   All other requirements of the zoning district in which the tower is located shall be enforced;
      (8)   Security to prevent unauthorized access shall be provided for all fence and building enclosures. A written agreement with the Fire Department concerning access for fire safety shall be provided to the town prior to the approval of the special use;
      (9)   Engineering plans and specifications for the tower, prepared by an Indiana Registered Structural Engineer designated by the Building Commissioner specializing in structural engineering, shall be provided with the application for the special use;
      (10)   Engineering plans and specifications for the tower mounting foundation and the foundation for any structure shall be prepared by an Indiana Registered Structural Engineer designated by the Building Commission. These shall accompany the application for the special use and shall include soil boring information for the site of the tower mounting foundation and any other foundation in excess of four feet in depth. Soil conditions must be determined suitable for the tower mount foundation by a qualified independent soil engineer chosen by the designated Indiana Registered Structural Engineer, designated by the Building Commissioner;
      (11)   The applicant shall provide inspection and verification that the installation of the tower, mount and foundation have been installed in compliance with the plans and specifications and all applicable codes and standards. The design engineer shall provide to the Building Commissioner a certification that the construction of the tower complies with the design specifications. Inspections and verification procedures shall be subject to approval of the Building Commissioner;
      (12)   All towers shall meet the standards of the Federal Aviation Administration, Federal Communications Commission and any other applicable regulatory State of Indiana, Federal agency, LaPorte County and/or Town of Long Beach;
      (13)   Communication towers in excess of 100 feet in height above grade level shall conform with Federal Aviation Administration requirements;
      (14)   No part of any tower shall be constructed, located or maintained at any time, permanently or temporarily, on or upon any required setback area for the district in which the tower will be located. In no case shall a tower be located within 40 feet of a property line;
      (15)   Metal towers shall be constructed of, or treated with, corrosive resistant material acceptable to the Indiana Registered Structural Engineer, designated by the Building Commissioner;
      (16)   Towers shall be grounded for protection against a direct strike by lighting and shall comply as to electrical wiring and connections with all applicable local statutes, regulations and standards;
      (17)   All attachments to any tower shall be designed to withstand the maximum uniform wind loading as prescribed in the Town Building Code;
      (18)   All signals and remote control conductors extending substantially horizontally above the ground between the tower and a structure, or between towers, shall be at least eight feet above the ground at all points, unless buried underground;
      (19)   Towers shall be located so there is room for vehicles doing maintenance to maneuver on the property owned or leased by the applicant, including fire safety equipment;
      (20)   The base of the tower shall occupy no more than 500 square feet of area;
      (21)   Minimum spacing between tower locations shall be 1/2 mile in order to prevent a concentration of towers in one area;
      (22)   Height of the tower shall not exceed 300 feet and no tower located within 500 feet of any residential district shall exceed 175 feet in height from grade;
      (23)   Towers shall not be illuminated unless required by the Federal Aviation Administration;
      (24)   Existing on-site vegetation shall be preserved to the maximum extent possible;
      (25)   There shall not be displayed advertising or identification of any kind intended to be visible from the ground mounted on the tower or other structures, except for emergency purposes;
      (26)   Any attachments to the tower shall be painted to match the exterior treatment of the tower. The chosen paint scheme should be designed to minimize off-site visibility of the tower as determined by the Building Commissioner;
      (27)   All structures shall be subject to any local, state and federal regulations concerning non- ionizing electromagnetic radiation. If more restrictive local, state or federal standards are adopted in the future, the tower shall be made to conform to the extent required by such standards or the special use approval will be subject to revocation. Costs for testing and verification of compliance shall be borne by the owner of the tower;
      (28)   There shall be no employees located on the site on a permanent basis to service or maintain the tower or attachments, unless specifically approved as part of the special use approval. Occasional or temporary repair and service activities are excluded from this restriction;
      (29)   All parking and drive areas must be paved with material meeting the standards of the zoning district; and
      (30)   A vegetative buffer shall be required where the property adjoins any residentially zoned property or land use. The tower owner shall plant and maintain two alternating rows of evergreen trees with a minimum height of five feet on 20-foot centers along the entire perimeter, and 20 feet beyond but not further than the property line, of the tower and structure, to provide a visual sight barrier from the adjoining residential zoned properties and the tower and structures. In no case shall the evergreens be any closer than ten feet to the tower or structure.
         (a)   The tower shall be removed by the property owner or property lessee within six months of being abandoned.
         (b)   Notice of the abandonment of the tower shall be provided to the town 90 days prior to abandonment.
         (c)   The applicant shall be responsible for the payment of all costs associated with the town review of the application for the special use and any required plan review or construction inspection, whether or not a special use permit is granted.
(Ord. 0203, passed 6-10-02; Am. Ord. 1002, passed 6-14-10) Penalty, see § 154.999

§ 154.118 OUTDOOR SIGNS.

   (A)   Intent. This chapter is intended to regulate signs and to minimize outdoor advertising in order to protect public safety, health and welfare; minimize abundance and size of signs to reduce visual clutter, motorist distraction, and loss of visibility; promote public convenience; preserve property values; and enhance the aesthetic appearance and quality of life of the community. The requirements contained herein are intended to be content neutral. The following objectives are accomplished by establishing the minimum amount of regulations necessary concerning the size, placement, construction, illumination, and other aspects of signs in the town in order to:
      (1)   Protect the public right to receive messages, including religious, political, economic, social, philosophical and other types of information protected by the First Amendment of the U.S. Constitution;
      (2)   Recognize that the proliferation of signs is unduly distracting to motorists and non-motorized travelers, reduces the effectiveness of signs directing and warning the public, causes confusion, reduces desired uniform traffic flow, and creates potential for accidents;
      (3)   Maintain and improve the image of the community by encouraging signs of consistent size which are compatible with and complementary to related buildings and uses, and harmonious with their surroundings;
      (4)   Recognize that the principal intent of commercial signs, to meet the purpose of these requirements and serve the public interest, should be for identification of an establishment on the premises, and not for advertising special events, brand names or off-premise activities, as these can be advertised more appropriately by other methods;
      (5)   Eliminate potential conflicts between business signs and traffic control signs, thereby minimizing the potential for confusion and hazardous consequences;
      (6)   Enable the public to locate goods, services and facilities without undue difficulty and confusion by restricting the number and placement of signs;
      (7)   Prevent placement of signs which will conceal or obscure signs of adjacent uses;
      (8)   Prevent off-premise signs from conflicting with other land uses;
      (9)   Prevent signs that are potentially dangerous to the public due to structural deficiencies or disrepair; and
      (10)   Regulate portable commercial signs in recognition of the negative impact on traffic safety and aesthetics.
   (B)   Definitions. The definitions set forth in this division shall be applicable to the interpretation and enforcement of this section and shall control in the event with a conflict of other definitions within the code.
      CORNER SIGN. A sign placed near the intersection of the two street frontages and designed to be visible from both streets.
      RIGHT-OF-WAY. The easement granted or reserved and platted to the Town of Long Beach, over the land for transportation or recreational purposes, this can be for a roadway, alley, public footpath, beach stop access, public garden area as well as well as all public utility electrical transmission lines, oil and gas pipelines. The right-of-way is typically wider than the paved area of a street or alleyway.
      SIGN. Any board, device, or structure or part thereof used for advertising, display, or publicity purposes. SIGNS are categorized as on-premise, off-premise, outdoor and portable. The total size of a sign under terms of this chapter shall consider only one surface. SIGNS placed or erected by a governmental agency for the purposes of showing street names or traffic directions or regulations or for other governmental purposes shall be exempted from regulations.
         (a)   SIGN, OUTDOOR. A structural poster panel or painted sign, either freestanding or attached to a building, for the purpose of conveying information, knowledge, or ideas to the public about a subject related to the activities on the premises upon which it is located. A freestanding sign is not to be supported by straps, wires or the like.
         (b)   SIGN, PORTABLE. A freestanding, on-premise or off-premise advertising device which is designed to be moved from one location to another and is not permanently affixed to the ground or building structure for the duration of its use.
         (c)   SIGN, TEMPORARY. A temporary sign is intended to temporarily promote, advertise, announce or identify an event such as a yard or garage sale, an estate sale, open house, celebration directions, "for sale" and similar signs for a limited period of time. Temporary signs are to be removed after the time period for which it is allowed elapses.
      TOWN PROPERTY. Town right-of-way and all other property deeded and platted to the Town of Long Beach including public parks, buildings and structures.
   (C)   Permitted sign types.
      (1)   No signs shall be permitted except as otherwise provided under this section or other applicable law.
      (2)   A non-commercial temporary banner must be approved by the Long Beach Town Council. If approved, a temporary banner shall be installed not more than 14 days prior to the date of the event and shall be removed not later than two days after the event.
      (3)   No other types of signs or other forms of advertising structures of any type of configuration shall be permitted. Signs shall be designed, erected, altered, reconstructed, moved or maintained in whole or part, in accordance with the provisions set forth in this section.
      (4)   Penalty, see § 154.118(L)
   (D)   Residential name plate or blade signs. A single name plate or blade sign for residential use shall be permitted subject to the following conditions:
      (1)   Name plates or blade signs shall not exceed one square foot in area, and letter or numeral height shall be a maximum of three inches. Only one face of a double-faced sign shall be included in the computation of permissible area. A double-faced sign is one where each of the two sides face in opposite directions.
      (2)   Sign face may be either internally illuminated or by floodlight. No blinking, flashing, rotating, or animated sign shall be permitted that are visible from the exterior of a building or other structure.
      (3)   No name plate or blade sign shall extend over public property nor be erected so as to obstruct street sight lines or traffic control lights, a sign at street intersections, or signals at railroad crossings. A sign visible from the sight lines along a street shall not contain such words as stop, slow, or in any way resemble a street or traffic sign and so on, or in any other manner resemble a highway traffic sign.
      (4)   Except as otherwise provided, name plates or blade signs shall only display the following:
         (a)   Name of the premises upon which it is displayed.
         (b)   Name of the owner or lessee of the premises.
         (c)   Address of the premises.
         (d)   No name plate shall be permitted above the first floor.
      (5)   Penalty, see § 154.118(L).
   (E)   (1)   Town of Long Beach bulletin boards. Bulletin boards for Town of Long Beach Administrative Buildings including parks, Long Beach Community Center, Long Beach Country Club, and similar uses shall be permitted subject to the following regulations:
         (a)   One free-standing sign for each main use per frontage:
            1.   The sign shall contain only the name and address of the building, its occupants, and the services rendered.
            2.   The sign shall not exceed 32 square feet in area, exclusive of architectural features. The sign structure shall not exceed eight feet in height.
            3.   The sign face shall not be internally illuminated but may be flood lighted. No blinking, flashing, rotating, or animated sign shall be permitted that are visible from the exterior of a building or other structure.
            4.   A bulletin board shall be set back 15 feet from edge of the pavement of the right-of-way; however, this setback may be reduced to ten feet subject to approval of a special exception of the Town Council.
      (2)   For purposes of this division, the term frontage shall mean a strip or portion of a parcel of land abutting on a street.
         (b)   One sign attached to the outside face of the main building:
            1.   The same shall contain only the name of the building and its occupants.
            2.   Letter or numeral heights shall not exceed one foot.
            3.   The sign shall not exceed ten square feet in area.
            4.   The sign face shall not be internally illuminated but may be floodlighted. No blinking, flashing, rotating, or animated sign shall be permitted that are visible from the exterior of the building.
            5.   No sign shall be allowed to appear above the first floor level.
         (c)   Penalty, see § 154.118(L).
   (F)   Business signs.
      (1)   Types permitted shall be limited to wall mounted on-premise flat signs indicating name and nature of the occupant only or the name and address of the building, or the name and address of the owner. These signs shall be attached to the building in which the occupant is located. Projecting signs shall not be permitted.
      (2)   The following regulations shall apply to signs for each occupancy:
         (a)   The total area of all business signs on any one street frontage of the premises shall not exceed four-tenths of a square foot per linear foot of such street frontage or 38 square feet, whichever is smaller.
         (b)   Building frontage to be used in calculating the permitted sign area shall include frontage whereon a public entrance to the occupancy is located. Separate calculations may be made for front and rear entrances and a separate sign may be erected on each of these building frontages. Subject to the restrictions in this division, a sign may be placed on any side of a building, but no corner sign shall be allowed. Calculations for a side sign shall be the same as the calculation for a front entrance.
         (c)   A sign shall not extend over a public sidewalk or right-of-way, nor obstruct street sight lines or traffic-control lights, a sign at street intersections, or signals at railroad crossings. A sign visible from the sight lines along a street shall not contain such words as stop, go, slow or otherwise resemble a highway traffic sign. All sign faces shall be mounted on or attached to the building.
         (d)   No blinking, flashing, rotating, or animated sign shall be permitted on the exterior of any building in this district. A sign shall be harmonizing in design and color with the surrounding and shall not be attached to any tree or shrub.
         (e)   In cases where the store has a rear parking lot, a sign may be located on the rear of the building and shall be developed to the same standards as are required in the front of the store, provided, however, that the sign shall not be lighted.
         (f)   Lights used to illuminate a sign shall be so installed as to concentrate the illumination on the sign or advertising structure and to minimize glare upon a public street or adjacent property.
         (g)   No sign shall be installed above the first floor level.
         (h)   No sign shall be erected which are freestanding, projecting, on poles, the ground, above marquees, on top of buildings, or in any other form or manner, except as specified elsewhere in this chapter.
         (i)   One portable, wheeled, or sandwich board sign not exceeding 20 square feet per side may be placed on a public sidewalk that is adjacent to and adjoins the business only during regular business hours but shall not unduly burden normal pedestrian traffic or usage on the public sidewalk. For purposes of this division, the term frontage shall mean a strip or portion of a parcel of land abutting on a street.
      (3)   Penalty, see § 154.118(L).
   (G)   Temporary signs in a residential zone. One temporary sign per residence shall be permitted per zoning lot subject to the following conditions:
      (1)   One non-illuminated temporary sign pertaining to the long term lease or sale of the zoning lot upon which it is placed and not exceeding four square feet in gross surface area is permitted, provided that the sign shall be removed within two days after the consummation of the sale, lease or the termination of the agent's authority. Two 24-inch by six-inch "Ride-along-signs" and one small information box will be permitted (on the same support post only) to include agent's name, property description, or open house; or
      (2)   One non-illuminated temporary sign, not exceeding nine square feet in gross surface, erected not more than two days before the event and taken down within one day of its conclusion; or
      (3)   Signs related to elections as defined in IC 3-5-1-2 shall be placed and regulated in compliance with IC 36-1-3-11;
      (4)   No sign is permitted in the town right-of-way or other town property unless specifically exempted elsewhere in this section or by approval of the Town Council. No temporary sign may be affixed to a utility pole, tree, shrub, vehicle or the like; and
      (5)   If a sign is on a post the following must be adhered to:
         (a)   Height of the top of a sign or its support post must not be more than four feet above ground.
         (b)   Not to extend or be placed on or over right-of-way, nor be erected so as to obstruct street sight lines of traffic control lights, a sign at street intersections, neighboring property or traffic control signs and signals.
         (c)   A sign visible from the sight lines along any street shall not contain such words as stop, go, slow, and so on, or in any other manner resemble highway traffic signs.
      (6)   The maximum number of temporary signs on a zoning lot shall be one.
      (7)   Penalty, see § 154.118(L).
   (H)   Sign placement.
      (1)   Where a residence is within eight feet of the town right-of-way a freestanding sign meeting all other requirements may be placed one foot in front of the residence.
      (2)   A temporary sign not to exceed four square feet may be erected in the town right-of-way (but not on any paved portion of a roadway) for a period not to exceed 48 hours to direct individuals to a specific event or celebration such as yard/estate sale/open house or similar events.
      (3)   Except as otherwise provided in this section, no residential or business sign may be placed on any street pavement, parking lot, sidewalk, public utility easement or alleyway in the Town of Long Beach.
      (4)   No outdoor sign may be placed on Long Beach Town property without the express and written permission of the Town of Long Beach or a designated agency or commission of the Town.
      (5)   No commercial business advertising sign including outdoor advertising, on-premise advertising or other business sign is permitted in the residential district, except for up to six Town of Long Beach bulletin boards at six separate locations chosen by the Long Beach Town Council and designed to give direction to and announce the names of a local business and town buildings.
      (6)   Penalty, see § 154.118(L).
   (I)   Exceptions to sign placement.
      (1)   A sign indicating temporary hazards;
      (2)   Building permit and variance notice;
      (3)   Regulatory and informational signs posted by Town Marshal including parking, speed, traffic control and any special event authorized by the Long Beach Town Council; and
      (4)   A sign posted on town property by an agency or commission entity of the town.
      (5)   Penalty, see § 154.118(L).
   (J)   Designation of the enforcement responsibility. The Long Beach Town Council hereby designates the Office of the Town Marshal with the responsibility for enforcement of this section.
   (K)   Regulation of number or size of election signs. No provision of this section shall be interpreted or otherwise enforced in contravention with applicable federal and state laws.
   (L)   Penalty. Any person violating any of the provisions of this section shall be fined $100 for the first violation and $250 for each additional violation. Each day that a violation is permitted to exist shall be construed as a separate offense; and nothing in this section shall be construed to limit any other remedies at law or equity.
(Ord. 2019-03, passed 8-12-19)