Lowell City Zoning Code
SIGN STANDARDS
§ 155.100 INTENT.
The intent of this subchapter is:
(A) To further the goals of the Comprehensive Plan;
(B) Avoid the proliferation of signage;
(C) Encourage signs to be compatible with the scale of buildings and the surrounding features;
(D) Maintain and enhance the aesthetic environment of the town;
(E) Eliminate potential hazards to motorists and pedestrians resulting from signs; and
(F) Promote the health, safety, and welfare of the residents of the town.
(Ord. 2013-02, passed 3-11-13)
§ 155.101 SIGN REGULATIONS THAT APPLY.
§ 155.102 GENERAL SIGNS STANDARDS.
These general sign standards apply to the following districts: AG, R1, R2, R3, R4, MH, PB, B1, B2, TC, LI and HI. Except as otherwise provided in this subchapter, it shall be unlawful for any person to erect, construct, enlarge, move or convert any sign within the jurisdiction of the Plan Commission, or cause the same to be done without first obtaining a sign permit from the Planning Director. The following general sign standards apply to all signs within the jurisdiction of the Plan Commission.
(A) Inspection. Signs for which a permit is required may be inspected periodically by the Planning Director for compliance with this subchapter.
(C) Maintenance. All signs and their components shall be kept in good repair and in safe, neat, clean and attractive condition. If failure to maintain a sign is determined by the Planning Director, a written notice will be given to the owner, business operator or lessee of the property consistent with the provisions of §§ 155.170 through 155.181.
(D) Abandoned signs. A sign shall be removed by the owner or lessee of the premises upon which the sign is located within 30 days from the date when the business which it advertises is no longer conducted on the premises. For the purpose of this requirement, the sign shall include all supports, poles, and other structural elements. In no instance shall the removal of only the sign face be considered compliance with this provision.
(E) Illuminated signs. All illuminated signs must meet the standards specified in the State Electrical Code, as adopted and amended by the State of Indiana. In addition, all illuminated signs shall comply with the following standards.
(1) All illuminating elements shall be kept in satisfactory working condition and immediately repaired or replaced if damaged or burned out. Signs that are only partially illuminated shall meet all electrical requirements for that portion directly illuminated.
(2) All electrical wiring for permanent signs shall be in conduit. All electricity for signs shall have a disconnecting switch located in a readily accessible place.
(3) The direct or reflected light from a primary light source shall not create a traffic hazard to operators of motor vehicles on public and/or private roadways.
(4) The light from any illuminated sign shall be so shaded, shielded, or directed such that the light intensity or brightness will not be objectionable to the surrounding properties. All lighting shall have 90 degree cut-off luminaries (shielded downlighting). No light shall shine directly onto adjacent property.
(F) Exempt signs. The following signs are exempt from all provisions of this chapter.
(1) Flags of any country, state, unit of local government, institution of higher learning, or similar institutional flags.
(2) Names of buildings, 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.
(3) Public signs 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.
(4) Utility signs are permitted to mark cables and lines for public and private utilities unless determined to be a hazard by the Planning Director.
(5) Seasonal or holiday signs, including lighting erected in connection with the observance of holidays, provided that such signs shall be removed no later than 30 days following the holiday.
(6) Political signs and other signs of expression, provided that they are not posted more than two months before the next election day and are removed ten calendar days after each election.
(G) Prohibited signs. The following types of signs are expressly prohibited in all zoning districts.
(1) Signs that move or utilize any animation, motion picture, laser, or visual projection of images or copy in conjunction with any business or advertisement.
(2) Signs that emit audible sound, odor or visible matter.
(3) Signs that purport to be or 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.
(4) Signs that may be construed as a light of an emergency or road equipment vehicle.
(5) Signs that hide any traffic or roadway sign, signal or device from view.
(6) Signs that interfere with the sight visibility area as defined in § 155.083.
(7) Signs that are located in any right-of-way, non-sign easement, or septic field.
(8) Signs that obstruct any door, fire escape, stairway, or any opening intended to provide entrance or exit for any structure.
(9) Signs placed on vehicles parked on public or private property primarily for the purpose of displaying the sign. Prohibited signs do not include those displayed on vehicles parked for the purpose of lawfully making deliveries or random sales or service. Prohibited signs do not include vehicles which are customarily used for transporting persons or properties, and vehicles parked at a driver's place of residence during non-business hours or for incidental purposes.
(10) Signs consisting of banners, streamers, pennants, and/or inflatable devices used alone or in combination with other such signs.
(H) Off-premise signs. Off-premise signs shall be classified as either Class I, Class II or Class III depending on the maximum square feet of sign area per side of sign. A Class I off-premise sign shall have a maximum of 300 square feet of area, a Class II off-premise sign shall have a maximum of 16 square feet of sign area and a Class III off-premise sign shall a maximum of four square feet. All classes of off- premise signs shall be prohibited in all zoning districts with the exceptions described below:
(1) General conditions for all classes of off-premise signs:
(a) Under no circumstances shall real estate signs placed on property for sale or lease, political signs, or agricultural seed signs identifying test plots be considered off-premise signs.
(b) A sign permit shall be obtained from the Planning Director for all off-premise signs.
(c) Multiple faces mounted on the same structures shall be considered one sign. Double stacked signs shall be prohibited.
(d) Off-premise signs shall be mounted on structures permanently anchored in the ground.
(e) Mobile off-premise signs, inflatable off-premise signs, and off-premise signs placed on vehicles or trailer shall be prohibited.
(f) Double sided signs are permitted, with each allowed the maximum square footage, provided that such signs are completely back-to-back or at an offset no greater than an angle of 45 degrees.
(g) No off-premises signs shall be permitted to be erected or maintained in any manner inconsistent with the following:
1. No sign shall be permitted which contains, includes, or is illuminated by a flashing, intermittent or moving light or lights.
2. No sign shall be permitted which moves or has any animated or moving parts.
3. Advertising signs with rotating, louvered (vertical and/or horizontally), moving parts or elements shall not be permitted.
4. No sign shall be permitted which displays or projects video or emits graphics, such as LED (light emitting diode), LCD (liquid crystal display) or similar digital or electrically-powered technology.
(2) Class I off-premise signs shall be permitted in any commercial or industrial zoning district within 200 feet of any United States interstate highway or state highway. Permitted off premise signs shall meet the following requirements:
(a) Class I off-premise signs shall be setback a minimum of 50 feet from any public right-of-way and 300 feet from any other property line. Setbacks shall be measured from the property line or right-of-way to the nearest part of the sign, including the pole, sign face, or any attached ladder, catwalk or other access structures.
(b) No Class I off-premise sign shall be located any closer than 3,000 feet to any other off-premise sign.
(c) No off-premise sign shall exceed 40 feet in height. No sign face area shall exceed 60 feet in length or 25 feet in height.
(d) There shall be a maximum of three new Class I signs permitted in the town per calendar year. (The removal of an existing Class I off-premise sign does NOT permit an additional Class I off-premise sign in any year).
(3) Class II off-premise signs shall be permitted in any commercial or industrial zoning district within 200 feet of any United States interstate highway or state highway. Class II permitted off- premise signs shall meet the following requirements:
(a) Class II off-premise signs shall be setback a minimum of 50 feet from any public right-of-way and 100 feet from any other property line. Setbacks shall be measured from the property line or right-of-way to the nearest part of the sign, including the pole, sign face, or any attached ladder, catwalk or other access structures.
(b) No Class II off-premise sign shall be located any closer than 3,000 feet to any other off-premise sign.
(4) No Class II off-premise sign shall exceed eight feet in height. No sign face area shall exceed four feet in length or four feet in height.
(5) Class III off-premise signs shall be permitted in any non-residential zoned district within 200 feet of any United States interstate highway, state highway or county road with the approval from the Board of Zoning Appeals as a special use. Permitted off-premise signs shall meet the following requirements:
(a) Class III off-premise signs shall be setback a minimum of 20 feet from any public right-of-way and 100 feet from any other property line. Setbacks shall be measured from the property line or right-of-way to the nearest part of the sign, including the pole, sign face, or any attached ladder, catwalk or other access structures.
(b) No Class III off-premise sign shall be located any closer than 500 feet to any other off-premise sign.
(c) No Class III off-premise sign shall exceed four square feet in area or four feet in height. No sign face area shall exceed two feet in length or two feet in height.
(Ord. 2013-02, passed 3-11-13)
§ 155.103 TEMPORARY SIGN STANDARDS.
In all zoning districts the following temporary signs are permitted, in accordance with the regulations set forth herein. Further, temporary signs shall not be placed upon public property, public easements, public utility poles, traffic poles or standards or other public structures or buildings.
(A) For sale and for rent or lease signs. One non-illuminated sign pertaining to the sale, rent or lease of the premises upon which it is placed, not exceeding six square feet in area, provided that said sign shall be removed within seven days of the consummation of the sale, rent or lease or of the termination of the sale, rent or lease agents authority.
(B) Open house signs. Not to exceed three non-illuminated signs and six square feet in area each, may be placed during daylight hours on the day of a Real Estate Broker sponsored open house, to inform and direct the public to the location of the open house.
(C) Contractors signs. One non-illuminated and non-portable sign, not exceeding 16 square feet in area, bearing the street number of a new or remodeled structure and/or the names of the general contractor, sub-contractor, owner or tenant may be placed on the premises during the construction work. Said sign shall be removed within seven days of substantial completion of the work.
(D) Lot signs. One non-illuminated and non-portable sign, not exceeding 16 square feet, bearing the name of the owner, and the fact that the lot is for sale. Said sign shall be placed only on the lot it is advertising, and only until the lot is sold.
(E) Special event signs. One sign, excluding flashing signs, announcing and/or promoting any educational, charitable, philanthropic, civic or religious campaign drive, or event, may be placed on the premises where the event is to take place, not exceeding 16 square feet in area. Said sign may be located for a period not to exceed 30 days preceding the event and shall be removed within five days after the event. Special event signs announcing the opening or re-opening of a business are permitted, and held to the same standards except the duration shall not exceed ten calendar days.
(F) Special event banners. One all weather banner, announcing and/or promoting any educational, charitable, philanthropic, civic or religious campaign drive, movement or event, not exceeding 24 square feet in area may be hung. Said sign may be located for a period not to exceed 30 days preceding the event and shall be removed within five days after the event. Special event banners announcing the opening or re-opening of a business are permitted, and held to the same standards except the duration shall not exceed ten calendar days.
(G) Political signs. Non-illuminated political campaign signs, intended to be viewed from the public sidewalk or streets, in support of a candidate or candidates for office or urging action on any other matter on the ballot of a primary, general or special election, not exceeding six square feet in area may be placed on private property in any zoning district. Said signs may be located for a period not to exceed 30 days preceding each election for which the sign was installed. The candidate whose name appears on such signs (or the party who placed the sign if no candidate's name appears) is liable for the removal of said signs within five days after the election of which it refers.
(H) Public expression signs. One sign expressing a political, social, or religious position is permitted not exceeding 16 square feet in area. Public expression signs are not to be used as political signs related to an election.
(I) All temporary signs. All temporary signs shall comply with the following:
(1) The content of said sign shall not contain gross displays;
(2) The anchoring and structure of said sign shall be adequate to prevent the sign from becoming a projectile during high winds;
(3) The face of said sign shall be properly maintained to avoid cracking, peeling, or fading to the point of being a blighting influence; and
(4) Said signs shall not contain illumination.
(J) Subdivision signs on premise. A maximum of two, non-illuminated and nonportable signs, not exceeding 64 square feet each, bearing the name of the development, developers, and builders associated with said development. Said sign shall be placed no longer than 24 months after granting final subdivision approval, or so long as some portion of the property remains unsold, whichever period is shorter. The Building Commissioner shall have the power to grant reasonable extensions after the expiration of the 24-month period. The signs must be located within the development for which they advertise. In any subdivision larger than five acres in size, one additional 64- square foot-sign may be placed for each five-acre increment.
(K) Subdivision signs off premise. A maximum of two, non-illuminated and nonportable signs, not exceeding 64 square feet each, bearing the name of the development, developers, and builders associated with said development, intended to direct potential buyers. Said sign shall be placed no longer than 24 months after granting final subdivision approval, or so long as some portion of the property remains unsold, whichever period is shorter. The Building Commissioner shall have the power to grant reasonable extensions after the expiration of the 24-month period. The signs must be located on private property, a minimum of eight feet from the front property line, and shall not obstruct traffic sight distance. In any subdivision larger than five acres in size, one additional 64-square-foot sign may be placed for each five- acre increment.
(Ord. 2013-02, passed 3-11-13; Am. Ord. 2015-03, passed 2-9-15; Am. Ord. 2015-32, passed 10-26- 15)
§ 155.104 PERMANENT SIGN STANDARDS.
(A) These permanent sign standards apply to the following districts: PB, B1 and B2. The following sign regulations shall apply. All signs require a permit unless otherwise specified.
(1) One square foot of signage shall be allowed for every one foot of the front facade of the building that is occupied by that use. (For example: If a use occupies a tenant space in a commercial building, and that space includes 50 feet of the building's frontage, then 50 square feet of signage would be allowed for the use.) In no instance shall the amount of signage permitted per use exceed 150 square feet.
(a) Any combination of the following signs may be used as long as they do not exceed the total area allowed per use or are inconsistent with the other development standards listed in this section:
1. Wall signs;
2. Awning signs;
3. Free-standing signs;
4. Ground signs;
5. Changeable copy signs;
6. Time and temperature sign; and
7. Multi-tenant joint entrance signs.
(b) Development standards per type of sign are as follows:
1. Wall sign. Wall signs shall be located on the facade of the primary structure. No sign shall exceed 75 square feet in area.
2. Awning sign. Awning signs shall be printed on awnings mounted on the facade of the primary structure.
3. Free-standing sign. Free- standing signs shall not be permitted.
4. Ground sign. Ground signs may not exceed eight feet in height or 50 square feet per sign face in area. Ground signs shall be placed a
minimum of five feet from the public right-of-way and shall not be placed in any required sight visibility triangle.
5. Changeable copy signs and time/temperature signs. Changeable copy signs and time/temperature signs shall be counted toward the
maximum allowable square footage and shall meet the development standards which are consistent with the manner in which they are mounted.
6. Multi-tenant joint entrance signs. Structures and/or centers containing multiple uses shall establish one sign at each entrance for the joint use of all tenants for which the facility is designed. The use of individual free-standing signs for each tenant is prohibited. Each sign shall be setback a minimum of ten feet from all public rights-of-way. No sign may exceed 18 feet in height or an average of 24 square feet per tenant in area.
(2) Window signs. Non-illuminated window signs not exceeding 25% of the window area are permitted. No permit is required and they shall not be counted toward the total area allowed per use. Illuminated window signs, and any exceeding 25% of the window area shall be counted toward the total sign area and shall require a sign permit.
(3) Directional signs. Directional signs must be no more than four feet in height and no more than six square feet in area. Directional signs shall be setback a minimum of two feet from all public right-of-ways. No permit is required and they shall not be counted toward the total area allowed per use.
(B) These permanent sign standards apply to the following districts: LI and HI. The following sign regulations shall apply. All signs require a permit unless otherwise specified.
(1) One and one-quarter square feet of signage shall be allowed for every one foot of the front facade of the building that is occupied by that use. (For example: If a use occupies a tenant space in a commercial building, and that space includes 100 feet of the building's frontage, then 125 square feet of signage would be allowed for the use.) In no instance shall the total amount of signage permitted per use exceed 150 square feet.
(a) Any combination of the following signs may be used as long as they do not exceed the total area allowed per use or are inconsistent with the other development standards listed in this section:
1. Wall signs;
2. Awning signs;
3. Ground signs;
4. Free-standing signs;
5. Changeable copy signs;
6. Time and temperature sign; and
7. Multi-tenant joint entrance signs.
(b) Development standards per type of sign are as follows:
1. Wall sign. Wall signs shall be located on the facade of the primary structure. No wall sign shall exceed 75 square feet in area.
2. Awning sign. Awning signs shall be printed on awnings mounted on the facade of the primary structure.
3. Ground sign. Ground signs may not exceed eight feet in height or 32 square feet per sign face in area. Ground signs shall be placed a minimum of ten feet from the public right-of-way and shall not be placed in any required sight visibility triangle.
4. Free-standing sign. Free- standing signs shall be placed a minimum of ten feet from the public right-of way. No free-standing sign may exceed 15 feet in height or 40 square feet per sign face in area.
5. Changeable copy signs and time/temperature signs. Changeable copy signs and time/ temperature signs shall be counted toward the maximum allowable square footage and shall meet the development standards which are consistent with the manner in which they are mounted.
6. Multi-tenant joint entrance signs. Structures and/or centers containing multiple uses shall establish one sign at each entrance for the joint use of all tenants for which the facility is designed. The use of individual free-standing signs for each tenant is prohibited. Each sign shall be setback a minimum of ten feet from all public rights-of-way. No sign may exceed 18 feet in height or an average of 40 square feet per tenant in area.
(2) Window signs. Non-illuminated window signs not exceeding 25% of the window area are permitted. No permit is required and they shall not be counted toward the total area allowed per use. Illuminated window signs, and any exceeding 25% of the window area shall be counted toward the total sign area and shall require a sign permit.
(3) Directional signs. Directional signs must be no more than four feet in height and no more than six square feet in area. Directional signs shall be setback a minimum of two feet from all public rights-of-way. No permit is required and they shall not be counted toward the total area allowed per use.
(C) These permanent sign standards apply to the following district: TC. The following sign regulations shall apply. All signs require a permit unless otherwise specified.
(1) One and one-quarter square feet of signage shall be allowed for every one foot of the front facade of the building that is occupied by that use. (For example: If a use occupies a tenant space in a commercial building and that space includes 100 feet of the building's frontage then 125 square feet of signage would be allowed for the use.) In no instance shall the total amount of signage permitted per use exceed 150 square feet.
(a) Any combination of the following signs may be used as long as they do not exceed the total area allowed per use or are inconsistent with the other development standards listed in this section:
1. Wall signs;
2. Awning signs;
3. Projecting signs;
4. Changeable copy signs;
5. Time and temperature sign; and
6. Mural.
(b) Development standards per type of sign are as follows:
1. Wall sign. Wall signs shall be located on the facade of the primary structure. No wall sign shall exceed 75 square feet in area.
2. Awning sign. Awning signs shall be printed on awnings mounted on the facade of the primary structure. Illuminated awnings are permitted only if the awning is opaque with the exception of the sign area.
3. Projecting sign. No projecting sign shall, at its lowest point (except for the supporting building, structure, or column), be less than eight and one half feet above grade level. In no case shall it extend more than four feet beyond its supporting structure. No projecting sign shall exceed 12 square feet in area. No more than one projecting sign shall be permitted per use.
4. Changeable copy signs and time/temperature signs. Changeable copy signs and time/ temperature signs shall be counted toward the maximum allowable square footage and shall meet the development standards which are consistent with the manner in which they are mounted.
5. Mural. Mural signs shall not exceed 75 square feet in area.
(2) Window signs. Non-illuminated window signs not exceeding 25% of the window area are permitted. No permit is required and they shall not be counted toward the total area allowed per use. Illuminated window signs, and any exceeding 25% of the window area shall be counted toward the total sign area and shall require a sign permit. In no case shall more than 50% of the total grade-level window area be covered by signage.
(3) Directional signs. Directional signs are not permitted.
(Ord. 2013-02, passed 3-11-13; Am. Ord. 2015-31, passed 10-26-15)