This article may be referred to as the "Sign Regulations". The intent of regulating signs is to establish standards for the location, size, construction, repair, maintenance and manner of display of signs and outdoor advertising. While it is recognized that signs and outdoor advertising devices are necessary to promote commerce and public information, failure to regulate them may lead to poor identification of individual businesses, deterioration and blight of the business and residential areas of the town, conflicts between different types of land use, and reduction in traffic safety to pedestrians and motorists. The regulation of signs is intended to permit a business or other organization to clearly identify itself, its products and services while preserving and enhancing community character, improve the appearance of streets and commercial corridors, and prevent signs from causing a traffic hazard.

(Ord. No. 02-03, § 1, 2-12-02)

The following terms in this section shall be defined as set forth below:

Abandoned sign. A temporary or permanent sign which was erected on property in conjunction with a particular use which has been discontinued for a period of ninety (90) days or longer, or a sign the content of which pertains to a time, event, or purpose which no longer applies.

Advertising sign. A sign which directs the attention of the general public to a business, a commodity, service or activity normally conducted, sold or offered elsewhere than upon the premises where such a sign is located or to which it is affixed. Advertising signs may also be called off-premise or billboard signs.

Awning sign. A temporary or permanent sign painted on, printed on, or attached flat against the surface of an awning.

Back-to-back sign. A structure with two (2) parallel and direct opposite signs with their faces oriented in opposite directions located not more than ten (10) feet apart. A back-to-back sign shall constitute one sign.

Banner sign. A temporary sign constructed of cloth, fabric or other light temporary material with or without a structural frame, intended for a limited period of display not to exceed thirty (30) days. A national flag, state or municipal flags, the official flag of any religious, institutional or business establishment or displays for holidays or public events shall not be considered a banner sign.

Bench seat type signs. Signs painted on a bench seat, front or back.

Billboard. See advertising sign or off-premise sign.

Building facade. That portion of any exterior elevation of a building extended from grade to the top of the parapet wall or eaves and the entire width of the building elevation and which may also be referred to as the "building face".

Business center sign. A permanent sign that identifies a business center as defined in section 21-3; as a group of five (5) or more stores, offices, research facilities, or manufacturing facilities on a lot or adjacent lots of two (2) or more acres which collectively have a name different than the name of any of the individual establishments and which may have common private parking and entrances.

Canopy sign. A sign attached or applied below a roof line on a canopy, awning or other roof like structure.

Changeable copy sign. A permanent electrical or non electrical sign on which the copy changes automatically or is designed to allow the copy to be changed manually, e.g., electronic time and temperature units or reader boards with changeable letters.

Construction sign. A temporary sign that identifies the owner, future occupant or use, financiers, contractors, architects, and/or engineers of a project under construction.

Development sign. A permanent sign that identifies an integrated planned development, subdivision identification, multi-family development, commercial or industrial park developments.

Directional sign. A permanent or temporary sign which assists people in determining or confirming a correct route, or locating an entrance, exit or parking area.

Directory sign. A permanent wall sign containing the names and suite number of each tenant. Such sign is considered and calculated as part of the total allowable sign area for the site, if it is visible from any street, alley or publicly owned property.

Display area. The total area upon which sign copy may be placed. In computing the total display area of a sign, mathematical formulas for geometric shapes formed by straight lines drawn closest to the extremities of the sign excluding any structural members of embellishments shall be used.

Double-faced sign. Two (2) adjacent signs on a single structure or separate structures with both faces oriented in the same direction and not more than five (5) feet apart at the nearest point between the two (2) faces. A double-faced sign may be referred to as a side-by-side sign. A double-faced sign shall constitute one sign.

Double stacked sign. Two (2) advertising signs on a single structure or separate structure, one sign on top of the other.

Electronic message sign. See changeable copy sign.

Embellishment. An addition to the display area on which a continuation of an advertising message may be placed. Such addition shall not be a continuous border, which would constitute an increase in the display area. Standard basis and standard trim shall not be considered embellishments. Embellishments shall not include written wording but may contain artistic designs.

Fascia sign. A single-faced sign, which is in any manner attached or affixed flush to an exterior wall of a building or structure.

Flashing sign. An illuminated sign on which the artificial light is not maintained stationary and/or constant in color or intensity. Any revolving illuminating sign shall also be considered as a flashing sign.

Freestanding sign. A sign which is erected on a freestanding framework and supported by one or more uprights or braces in or upon the ground and not attached to any building or other structure.

Fuel price sign. A permanent or temporary sign indicating the price per unit of fuel.

Garage sale/yard sale sign. A residential temporary sign or poster used for the primary purpose of directing attention to an individual or group sale of used goods and products at a residence or property for a limited period of time.

Height of sign. The vertical distance measured from the point of ground immediately beneath the sign to the highest point of the sign, including decorative embellishments. Where the ground elevation beneath a sign varies, the average grade of the ground within five (5) feet from the sign structure shall be used.

High-rise sign. A sign of a height greater than thirty-five (35) feet to a maximum of eighty (80) feet.

Home occupation sign. A non-illuminated sign mounted flat against a residence for which a home-occupation permit has been issued in residential zoning stating only the name and address of the property and said sign shall not exceed two (2) feet by two (2) feet in size.

Identification sign. A sign attached to a building or located on a property to designate the name and nature of the business, profession or tradesman occupying the building or premises on which the sign is located.

Illuminated sign. A sign which has characters, letters, figures, or outlines illuminated by electric lights, illuminous tubes, or any other means of illumination.

Institutional sign. A permanent sign which displays the name, services, or activities of a government facility, religious institution, school, library, museum, community center, hospitals, cemetery or similar facilities.

Maintenance. For the purpose of this article, maintenance shall mean the cleaning, painting, repair or replacement of illuminating tubes, lamps, lights and other means of illumination or replacement of defective parts of a sign in a manner that does not alter the basic copy, design or structure of the sign.

Monument sign. A permanent sign constructed on the ground identifying the business or institution and which is placed in a landscaped green area that does not create a site visibility obstruction and is not in a paved or parking area. Ordinarily, the letters or numbers on the sign are engraved into or raised upon natural stone, heavy lumber or masonry.

Multi-face sign. A sign, more than one side of which is visible.

Mural. A permanent design or representation painted or drawn on a wall that does not advertise a business, product, service or activity.

Nameplate sign. A permanent non-electric identity sign giving only the name, address and/or occupation of an occupant or group of occupants residing on a premises.

Nonconforming sign. A permanent or temporary sign which lawfully occupied a building or land at the effective date of this article, or any amendment thereto, that does not conform to the regulations of this article as to the district in which it is located.

Off-premise sign (billboard) (advertising sign). A permanent or temporary sign which identifies a use or advertises products and services not available on the site or parcel on which the sign is located; a sign which directs travelers or provides a message unrelated to the site on which the sign is located.

On-premise sign. A permanent or temporary sign, which pertains to the use of the premises on which it is located.

Official sign. Any sign erected by a governmental agency or at the direction of any governmental agency.

Pennant. Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind.

Permanent sign. Any sign of durable material anchored or secured to a building, accessory structure or on the ground. Such signs may include business center signs, changeable copy signs, directional signs, directory signs, monument signs, institutional signs, name plate signs, wall signs and window signs.

Political sign. A temporary sign used in connection with local, state or national elections or referendums. Political signs may not encroach on public right-of-way or easements and shall have the consent of the owner of the property to erect. Said sign shall not be erected more than thirty (30) days prior to the election and shall be removed within forty-eight (48) hours after the election.

Portable sign. A temporary sign designed to be moved from place to place, whether or not it is permanently attached to the ground or a structure. This includes but is not limited to moveable trailered signs, hot air and gas-filled balloons, pennants, streamers, ribbons, pinwheels, flags, and searchlights unless authorized as part of an approved special event under the provisions of Chapter 9, Article IV, section 9-40 to section 9-47, signs temporarily attached to motor vehicles when the vehicle is parked in a position to call attention to a place of business, service or event and is not primarily intended for transportation. Excluded are political signs, real estate signs, construction signs, banner signs and regulatory governmental signs.

Projection sign. A multi-face sign end mounted to a building or structure which projects out of the wall of a building more than eighteen (18) inches.

Public service sign. A sign designating a public building and/or service or announcing events of general community interest.

Real estate sign, non-residential. A temporary sign, located in a non-residential zoning district, advertising the real estate upon which the sign is located as being for sale, rent or lease.

Real estate sign, residential. A temporary sign, located in a residential zoning district, advertising the real estate upon which the sign is located as being for sale, rent or lease.

Rebuilt. Any use of material and labor, other than maintenance, that physically replaces a damaged sign at an expense in excess of fifty (50) percent of the then current market value of said sign.

Residential development identification sign. A permanent sign erected on the property of a residential development that includes the name of the residential development or subdivision.

Roof sign. A sign erected upon or over the roof of a building, or above the parapet of a building with the principal supports on the roof.

Sandwich board sign. A temporary sign containing two (2) separate faces which are attached to one another at the top by one or more hinges or fasteners and which when placed upon a sidewalk will stand upright without any additional support.

Sign. Any surface or device, letter, word, model, balloon, pennant, insignia, emblem, logo, icon, painting, placard, poster, trade flag or representation, illuminated or non-illuminated, which is visible from a public place, including but not limited to, highways, streets, alleys or publicly owned property, or is located on private property and exposed to the public, which is used to advertise or promote an individual, firm, association, corporation, profession, business, commodity or product, or directs attention to a product, service, place, activity, person, institution, or business.

Sign area. The entire area within a circle, triangle, parallelogram or any other shape which encloses the extreme limits of writing, representation, emblem, logo or any other figure or similar character, together with any frame or other material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed, excluding only the structure necessary to support the sign.

Single-face sign. A sign, only one side of which is visible.

Special event sign. A temporary sign containing public messages concerning special events sponsored by governmental agencies, non-profit organizations, or commercial and industrial events permitted under the provisions of Chapter 9, Article III, sections 9-20 through 9-64 and Article IV, sections 9-40 through 9-47 intended for a limited period of display not to exceed the duration of the special event or large gathering.

Special exception use sign. A permanent sign identifying an approved non-residential special exception use in a residential zoning district. These special exception uses might include bed and breakfast, schools, churches, child care centers, golf courses, nursing homes or other uses approved as special exception uses.

Substantially altered. A change in a sign or sign structure, as differentiated from maintenance or repair including a change in height, location, area, shape, sign face or material, except that which occurs in manual or automatic changeable copy signs, including the wording, styles or size of the lettering.

Temporary sign. Any sign erected for a specific purpose or event and which is intended to be temporary. Such signs may include real estate, garage sale/yard sale, banner signs, political signs, construction signs, portable signs, special event signs, large gathering signs, window signs, sandwich board signs, and vehicle signs.

V-type signs. Two (2) signs in the shape of the letter "V" when viewed from above, with their faces oriented in different directions located not more than ten (10) feet apart at the furthest points. A "V" type sign shall constitute one sign.

Vehicle sign. A temporary sign, which is mounted or painted on vehicles, which are primarily situated or used to serve as a sign rather than transportation.

Wall sign. A permanent sign painted on, incorporated in, or attached directly to a building, wall or window, with the exposed face of the sign in a place parallel to the building wall and projecting outward from the wall not more than eighteen (18) inches. A mural is not a wall sign.

Window sign. A temporary or permanent sign made of paper, cardboard, or painted graphics or other material conveying a name or an advertising message designed for or placed on or behind any display window visible to the public.

(Ord. No. 02-03, § 1, 2-12-02)

The following signs are exempt from the provisions of this article and do not require a building permit:

(1)

Historical markers on state or federal recognized sites.

(2)

Legal notices.

(3)

Memorial structures and tablets.

(4)

Murals located in all districts except residential districts.

(5)

Signs not visible from any street, alley or publicly owned property.

(6)

One real estate sign per street frontage on any parcel. Residential real estates sign shall have a sign area of not greater than sixteen (16) square feet per side for a single or double faced sign and shall not be higher than six (6) feet in height. Non-residential real estate sign shall have a sign area of not greater than one hundred (100) square feet per side for a single or double faced sign and shall not be higher than thirty 30 feet in height. One temporary real estate open house sign may be located on the premises being sold. Temporary real estate open house signs shall be erected no more than ten (10) days prior to the day(s) of the open house and shall be removed within one day after the open house.

(7)

Nameplate/address sign with a sign area of not greater than four (4) square feet attached to the exterior wall of a building, including non illuminated home occupation sign for which a home occupation permit has been issued, and is mounted flat against the residence.

(8)

On-premise directional sign(s) pertaining to the property they are located on, each not greater than six (6) feet in height, with a sign area not greater than four (4) square feet per side for a single or double faced sign.

(9)

Off-premise temporary directional signs, each not greater than six (6) feet in height, with a sign area not greater than four (4) square feet per side for a single or double faced sign, on a site not pertaining to the event or property, such as real estate open house, garage sale or auction directional sign. These temporary signs shall not be permitted for more than three (3) days and shall not be located within a public street right-of-way or on any publicly owned property, nor on trees or utility poles. Temporary off-premise directional signs shall be permitted for three (3) days on private property with the approval of the property owner.

(10)

A national flag, state or municipal flags or the official flag of any religious, institutional or business establishment.

(11)

One garage sale/yard sale sign per parcel with a sign area not greater than six (6) square feet per side for a single or double faced sign, located on the lot or parcel on which such sale is being conducted, no higher than six (6) feet. Such signs shall be allowed for three (3) days for three (3) different events in any one calendar year.

(12)

Political signs shall be permitted on private property with the consent of the property owner. No political sign shall be located in a public street right-of-way or on publicly owned property, nor where it will block clear vision for drivers on public streets or entering a street or alley. No political sign shall be posted for more than thirty (30) days prior to the official election or referendum to which such sign pertains and shall be removed within forty-eight (48) hours following the election.

(13)

Special event signs or banner signs including grand opening and going out of business signs subject to the following restrictions:

a.

No more than two (2) such signs shall be displayed for each special event and no more than two (2) such signs shall be displayed on any property.

b.

Such signs shall have a sign area not greater than thirty-two (32) square feet per side for a single or double faced sign, if attached to a building or not exceed eight (8) feet in height if not attached to a building.

c.

Such signs shall be removed within forty-eight (48) hours of the conclusion of the special event which is being advertised.

d.

In no event, shall a special event sign or banner sign remain posted for more than thirty (30) days or as authorized by the community development director as part of a special event permit approval.

(14)

Sandwich board signs in the commercial district subject to the following restrictions:

a.

The sign area shall not be greater than six (6) square feet per side for a single or double faced sign and shall not be greater than five (5) feet in height.

b.

Sign shall not be illuminated in any way.

c.

Sign shall not be moored or anchored to any object but shall be designed in such a fashion or weighted to prevent instability or movement by wind or other natural forces.

d.

No more than one sandwich board sign shall be permitted for each building front which sign shall be placed within the width of the facade of the building but shall not block pedestrian walkways or parking areas. For the purpose of this section, a building front shall be defined to be the building structure of any commercial building which has a facade located in a commercial district no matter how may separate stores or businesses are contained therein.

e.

Sandwich board signs shall only be permitted to be placed directly in front of the facade of the building of the establishment whose information the sandwich board sign seeks to announce and shall only be permitted to be placed in said location during the hours in which said establishment is open to patrons.

(15)

Signs on gas pumps, vending machines, and ice containers indicating the contents or other information, provided that the sign on each device does not exceed six (6) square feet in area.

(16)

Temporary (special sale) window signs within the building that covers no more the thirty (30) percent of the display window area in a commercial district.

(17)

Only signs established and maintained by the town, county, state, federal governments, or other signs expressly permitted by this article shall be permitted in a public street right-of-way, dedicated public easement or on any publicly owned property.

(18)

Warning signs such as no trespassing, no hunting, danger, beware of dog, and private parking, not exceeding two (2) square feet in area and no more than two (2) signs per property, three (3) signs per corner lot.

(19)

Temporary auction sale signs, on property where auction is held, shall not exceed six (6) square feet in sign area for a single or double-faced sign or a height of sign six (6) feet. Such sign shall be allowed for not more than seven (7) days prior to the event and removed within forty-eight (48) hours after the event.

(20)

Barber poles attached to a building.

(21)

Temporary help wanted signs not exceeding six (6) square feet in sign area for a single or double-faced sign.

(22)

Name of a municipal or private corporation permanently attached to a water storage tower.

(23)

Handicap parking signs per ADA requirements.

(Ord. No. 02-03, § 1, 2-12-02; Ord. No. 06-18, § 4, 7-11-06)

The following regulations shall apply to all signs erected or located in any use district: No person shall erect, alter, or relocate a sign, other than a temporary sign, within the Town of Merrillville, before obtaining a building permit from the community development director. All signs shall conform to all applicable codes and ordinances of the Town of Merrillville and, where required, shall be approved by the community development director or designated assistant, and a building permit issued.

(1)

A permit fee, as set forth in section 6-21 of the Merrillville Municipal Code shall be paid by all applicants to cover the cost of issuing permits and the enforcement of this chapter.

(2)

All permanent freestanding signs designed with fifty (50) square feet of copy face or larger must be certified by an Indiana registered engineer showing structural base data and wind load resistance on working drawing in applying for a permit.

(3)

Signs in non-residential districts or special exception use signs in residential districts may be internally illuminated or if externally illuminated, the source of the light shall be enclosed and directed to prevent the source of light from shining directly onto traffic or any residential district or property. Size of special exception use signs shall not be larger than sixty-four (64) square feet and not higher than eight (8) feet.

(4)

No sign shall be placed in, upon or over any public street right-of-way, alley, or other publicly owned land, except as otherwise expressly permitted by this chapter, i.e., traffic signage.

(5)

No public light pole, utility pole or other supporting member shall be used for the placement of any sign unless specifically designed and approved for such use.

(6)

No sign shall be erected in any place where it may, by reason of its position, shape, color, or other characteristic, interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal, or device, or constitute a public nuisance.

(7)

No sign shall contain any moving or animated parts nor have the appearance of having any moving or animated parts except slow-speed (six (6) or less revolutions per minute) revolving signs, provided that the mechanism required to operate the sign is effectively concealed from view.

(8)

Signs which contain, include or are illuminated by any flashing, or intermittent or moving light or lights are prohibited, except those giving public service information such as time and temperature or weather.

(9)

No sign shall be erected above the roofline of a building, nor project more than eighteen (18) inches from the wall.

(10)

All freestanding signs must be set back at least ten (10) feet from street right-of-way lines (closest edge of the sign) and ten (10) feet from any front, side or rear property line. The bottom of such sign shall not be less than ten (10) feet above the finished grade or ground elevation in a traffic area.

(11)

All signs shall not obstruct vision above a height of two (2) feet from the established street grades within the triangular area formed at the intersection of any street right-of-way lines at a distance along each line of thirty (30) feet from their point of intersection. (See Figure 14.)

(12)

All signs except directional signs, awning signs, wall signs and window signs must be set back ten (10) feet from the intersection of the edge of an access drive and a street right-of-way line.

(13)

A licensed sign contractor or general contractor is required to install all permanent signs. A site location and footing inspection is required for all freestanding signs by the Town of Merrillville's building inspector.

(14)

The community development director or designated assistant or building inspector may inspect signs for which a permit is required. If upon any inspection a sign is found to be in violation of this article, unsafe, or in a location that does not comply with the provision of this article, the community development director shall give notice of such condition to the owner or the person responsible for such sign shall within ten (10) days thereafter remove the sign or cause the necessary repairs or corrections to be made. If the community development director finds a sign to be in such an unsafe condition that immediate repairs or the removal thereof are required, the community development director shall take such precautions as may be necessary to protect the safety of the public.

(15)

All signs shall be adequately maintained to keep them in a state of good appearance and repair. The general area in the vicinity of any sign must be kept free and clean of sign material, weeds, debris, trash and other refuse.

(Ord. No. 02-03, § 1, 2-12-02; Ord. No. 06-18, § 4, 7-11-06)

The following signs are permitted in all zoning districts, unless otherwise stated:

(1)

One construction sign per construction site, single or double faced, for the period of construction with a sign area not greater than one hundred (100) square feet in commercial and industrial zones, and thirty two (32) square feet in single-family residential zones and forty-eight (48) square feet in multi-family zones. said sign shall be non-illuminated and non-portable and no higher than eight (8) in height in multi-family, commercial and industrial zones and six (6) feet in single-family residential zones. Construction signs shall not be erected until a building permit has been issued and shall be removed upon the issuance of the final occupancy permit or when the building permit expires, whichever occurs first.

(2)

Signs advertising only the sale rental or lease of the building or premises on which it is maintained; provided, however said device shall not exceed sixteen (16) square feet in a residential zone nor one hundred (100) square feet in a commercial or industrial zone. Such signs shall not project within ten (10) feet of any property line nor have a height over six (6) feet in residential zone nor thirty (30) feet in commercial or industrial zone.

(3)

Signs located on farms and within three hundred (300) feet of the farm residence or other principal farm buildings or of the entrance roadway to the farm, and which advertise only farm produce sold that is raised on the property. Said sign shall be no larger than thirty-two (32) square feet and no higher than eight (6) feet.

(4)

Signs advertising sale of dwellings or lots located in a platted of record subdivision are permitted on a temporary basis, until ninety-five (95) percent of the dwellings or lots are completed or sold.

(5)

One institutional sign per zoning lot, with a sign area not greater than one hundred (100) square feet per side for single or double faced sign and not to exceed eight (8) feet in height. If location is on a primary arterial, commercial size restrictions shall apply.

(6)

The community development director may authorize exterior strings of lights, balloons no larger than two (2) feet in diameter, or strings of pennants or flags for special events under the provisions of section 9-40 when located in non-residential zoning or a permitted use in a residential zoning. Public information or service signs, or governmental signs on private property, shall only be permitted for churches, clubs, or non-profit organizations for a period not to exceed the special event permit. Signs shall be non-illuminated, and shall not encroach on any designated right-of-way. Such signage shall be restricted to a single thirty-two (32) square foot, poster type sign, but may include flags, pennants, or buntings, which shall be removed at the conclusion of the event. Such special event sign displays shall be allowed for up to four (4) days with no more than three (3) displays in any one calendar year.

(7)

Permanent window signs within the building shall not exceed thirty (30) percent of the window area and shall be used to identify and advertise the products and services available on the premises.

(Ord. No. 02-03, § 1, 2-12-02; Ord. No. 06-18, § 4, 7-11-06)

In all residential zones, the following classes of signs are permitted in accordance with the regulations set forth below:

Non illuminated accessory signs:

(1)

House number signs shall be permitted and are required on all premises per section 18-19(a).

(2)

Name plates and identification signs as follows:

a.

For one and two family dwellings, there shall not be more than one name plate, not exceeding four (4) square feet in area for each dwelling unit indicating the name or address of the occupant or a permitted home occupation.

b.

A single residential development identification sign may be displayed for multi-family dwellings. Only the name and address of the building and the name of the management, thereof may be contained on the sign. The size of the sign shall not exceed thirty-two (32) square feet.

c.

No sign shall project higher than six (6) feet above the established finished grade or average mean elevation of undeveloped property.

d.

No sign shall project within ten (10) feet of any property line.

e.

Signs accessory to parking areas for multi-family residential developments that designate entrances or exits only are limited to one sign for each such exit or entrance and to a maximum size of four (4) square feet. On a corner lot two (2) such signs, one facing each street shall be permitted.

(Ord. No. 02-03, § 1, 2-12-02)

Identification signs include the following types and are subject to the following regulations:

(1)

Freestanding signs.

a.

Each zoning lot shall be limited to one freestanding permanent sign structure not to exceed two hundred (200) square feet per face of display area.

b.

No freestanding sign shall project within ten (10) feet of any property line. The bottom of such sign shall not be less than ten (10) feet above the finished grade of the sidewalk or ground elevation in a traffic area.

c.

No freestanding sign shall project higher than the provisions of the height limitations of the zoning district in which the sign is located, up to a maximum of thirty-five (35) feet.

d.

Business center sign under a planned commercial development of single ownership and management, or under unified control, one sign may be erected not to exceed three hundred (300) square feet per face in area advertising only the name, location and special events of that business center and the names of the tenants or occupants therein. Such sign shall not project within ten (10) feet of any property line. The bottom edge of such sign shall be at least ten (10) feet above the grade of adjoining ground level and the overall height shall not exceed forty-five (45) feet above the grade of the adjoining ground level.

(2)

Fascia and wall signs.

a.

The gross area of a sign or signs on a principal building shall not exceed thirty (30) percent of that wall, including doors and windows. No facial or wall sign shall be permitted on any wall facing an adjoining lot located in a residential district.

b.

No facial or wall sign shall extend beyond nor project out from the face of the building more than eighteen (18) inches.

c.

No facial or wall sign shall project above the roof line.

(3)

Marquee or canopy signs. No marquee or canopy sign shall project within ten (10) feet of the property line nor extend beyond the outer edge of the marquee or roofed structure. There shall be at least an eight-foot six-inch (96") clearance between the grade of the sidewalk and the lowest point of the sign.

(4)

Traffic or directional signs designating entrances, exits and conditions of use of parking facilities accessory to the main use of premises may be maintained, provided they are located within the property lines of the subject lot or parcel. Such signs may not be higher than six (6) feet in height and with a sign area not greater than four (4) square feet per side.

(5)

Automobile gasoline station with convenience store accessory signs: Items for sale on the premises maybe openly displayed within ten (10) feet of the building. Products may be displayed under group island canopies or between pumps within the area of the pump island base but not any closer to property lines to avoid traffic view obstruction. One set of gasoline price signs may be displayed in the station area within the property line mounted on lighting standards or posts. One moveable sandwich board sign adjacent to a public street announcing products available is permitted within the property line provided it is weighted down to prevent wind turnover. Corner lots are permitted one added sign per street frontage. Signage on canopy over pump island is permitted on faces along public streets.

(6)

Advertising signs in accordance to the following: Advertising signs also known as off-premises or billboard signs shall be permitted within the M-1 and C-3 Zones, provided that said devices shall not be located within three hundred (300) feet of any residential zone. Advertising signs shall be permitted only on the following highways and streets: Interstate 65, U.S. 30, State Route 53 (Broadway), and State Route 55 (Cleveland/Taft Street).

a.

The following restrictions shall apply to advertising signs:

1.

Advertising signs shall not be established at any location having principal frontage on any street within three hundred (300) feet of any property which is used for public parks, public schools, churches, hospitals, government buildings or public museums having principal frontage on the same street.

2.

No portion of any advertising sign may be placed closer than ten (10) feet to the right-of-way line of any street or highway.

3.

Advertising signage along any street or highway currently in place on undeveloped property shall be moved to accommodate new street right-of-way dedication, when development occurs.

4.

Advertising signage in all districts shall not exceed fifty-five (55) feet in height from the average grade.

5.

Each advertising sign must have a separate land area designation of two thousand five hundred (2,500) square feet minimum and five thousand (5,000) square feet maximum.

6.

No advertising sign shall be erected on any building.

7.

No advertising sign shall project over any part of a building.

b.

The size of advertising signs shall be governed by the following: On the interstate system and major thoroughfares size shall be in accordance with the following:

1.

In the C-3 and M-1 zones: The maximum area for any one face of an advertising sign shall be six hundred seventy-five (675) square feet inclusive of any border and trim, but excluding the base or apron, supports and structural members. However, no sign shall have a greater sign face ratio of height to width of 1 to 3.5.

2.

The maximum number of faces per sign structure shall be two (2) constructed back to back; no faces shall be installed side by side, stacked, tiered or decked.

c.

The following provisions shall apply to the spacing of advertising signs:

1.

No advertising sign shall be within one thousand three hundred twenty (1,320) feet of another advertising sign located on either side of Interstate 65.

2.

No advertising sign shall be within one thousand nine hundred eighty (1,980) feet of another advertising sign located on either side of U.S. Route 30 and State Route 53 (Broadway).

3.

No advertising sign shall be within two thousand six hundred forty (2640) feet of another advertising sign located on either side of State Route 55 (Cleveland/Taft Street).

4.

The minimum distance between structures shall be measured along the nearest edge of the pavement between points directly opposite the nearest edge of the sign along each side of the highway but shall apply to structures located on either side of the street or highway. Structures, which predominately advertise to a different street or highway, shall not be taken in to account in measuring the distance between structures.

5.

Advertising signs in existence on the effective date of Ordinance No. 93-26; which have been legally erected and maintained but which do not comply with the provisions hereof; may continue to be maintained and repaired in place so long as the size thereof is not increased in terms of faces, length, height or area.

(Ord. No. 02-03, § 1, 2-12-02)

(a)

Off-premise signs (billboards) with a sign area not greater than two hundred (200) square feet per side for a single or double faced sign; not be greater than fifty-five (55) feet in height; refer to section 21-192(6) for allowable distances; not be closer than three hundred (300) feet to the site of a public park, school, church, or residential district; and be setback ten (10) feet from the right-of-way of any street. Off-premise signs are permitted only in the C-3 and M-1 districts on the following streets: Interstate 65, U. S. 30, State Route 53 (Broadway), and State Route 55 (Cleveland/Taft Street). Off-premise signs located on undeveloped property shall be moved to accommodate new street right-of-way dedication, when development occurs.

(b)

Business center signs with a sign area not greater than three hundred (300) square feet per side for a single or double faced sign, no more than forty-five (45) feet in height, and setback ten (10) feet from all street right-of-way lines. The bottom edge of the sign shall be at lease ten (10) feet above grade.

(c)

Each property is permitted one freestanding sign. Freestanding signs shall have a sign area not greater than two hundred (200) square feet per side for a single or double faced sign, be no more than thirty-five (35) feet in height, and setback at least ten (10) feet from all street right-of-way lines and private drives.

(d)

Each property is permitted one or more wall signs with the total sign area of all wall signs not greater than thirty (30) percent of the wall area of the wall to which it is attached. Wall signs shall not extend beyond the face of the building more than eighteen (18) inches. Wall signs are not permitted on walls facing an adjoining lot located in a residential district.

(e)

Window signs with a sign area not greater than thirty (30) percent of the display window are permitted.

(f)

The sign area of a changeable copy sign shall not exceed twenty (20) percent of the maximum sign area permitted and shall be counted as part of the total sign area allowed.

(g)

One monument freestanding sign is permitted for each zoning lot. Monument signs shall not have a sign area not greater than one hundred (100) square feet per side for a single or double faced sign, be no more than eight (8) feet in height, and setback at least ten (10) feet from all street right-of-way lines and private drives.

(Ord. No. 02-03, § 1, 2-12-02)

High rise signs may be approved by the community development director for signs of a height greater than thirty-five (35) feet to a maximum of eighty (80) feet if the following criteria is met:

(1)

Sign location is within seven hundred (700) feet of the center line of an interstate.

(2)

Maximum height to be computed by average lot finished grade.

(3)

Commercial zoning of C-3 or M-1 is required prior to high rise sign approval.

(4)

The closest edge of a high rise sign, (sign face or supports) shall be a minimum of twenty-five (25) feet from all permanent structures.

(5)

Setback of sign foundation center shall be one-half (½) of the total height permitted from all property lines. Setback along interstate right of way shall be a minimum of fifty (50) feet.

(6)

Height maximums are to the top of the high rise sign and shall be computed as follows:

a.

Zero (0) to three hundred fifty (350) feet from the center line of an interstate highway, maximum height shall be seventy (70) feet.

b.

Three hundred fifty (350) to seven hundred (700) feet from center line of an interstate, maximum height shall be eighty (80) feet.

(7)

Sizes in square feet of high rise sign face, can be increased by the following criteria:

(8)

Only one freestanding sign or one interstate high rise sign per zoning lot with one principal building or use.

(Ord. No. 02-03, § 1, 2-12-02; Ord. No. 06-18, § 4, 7-11-06)

In all industrial zones, the following signs are permitted, subject to the following requirements:

(1)

All signs and name plates permitted in the residential zones are allowed.

(2)

All advertising (billboard or off premises) and identification signs as are permitted in the commercial zones.

(3)

All signs that adhere to the requirements for that type of sign in commercial zones.

(Ord. No. 02-03, § 1, 2-12-02)

The following signs are prohibited:

(1)

Signs or portions of signs which move by any means or signs that give the appearance of movement in any manner accept for slow moving signs and changeable copy signs.

(2)

Roof signs or signs where any portion of the sign extends above the roof of the building where the sign is located.

(3)

Any vehicle sign with a sign area greater than one square foot where the sign projects more than six (6) inches beyond the manufactures profile of the vehicle and/or is displayed in public view under such circumstances as to indicate that the primary purpose of said display is to attract the attention of the public rather than to serve the business of the owner thereof in a manner which is customary for said vehicle.

(4)

Any sign which emits a sound, odor or visible matter such as smoke or vapor.

(5)

Any sign or sign structure which obstructs the view of, or may be confused with, a traffic directional/safety sign.

(6)

Any sign located on or attached to a fence, utility pole, tree or other natural features.

(7)

Abandoned signs, dilapidated signs, or signs in unsafe condition.

(8)

Any sign structure or frame no longer containing a sign.

(9)

Any portable sign, except portable signs authorized by the community development director as part of a special event only for non-profit organizations.

(10)

Any sign which is structurally or electrically unsafe.

(11)

Exterior string of lights, balloons, or strings of pennants or flags designed to draw attention to items on display or a particular business establishment, other than holiday decoration, except during special promotional events, when such sign displays shall be allowed for the period of a special event permit as described under Chapter 9, Article IV, section 9-40.

(12)

Any sign which exhibits statements, words or pictures of an obscene or pornographic nature.

(13)

Window signs with a sign area greater than thirty (30) percent of the display window area.

(14)

Any sign which requires a permit and is erected without a permit.

(15)

Signs which simulate or imitate in size, color, lettering or design, any traffic sign or signal or any sign which by design or location may in any manner interfere with, mislead or confuse the public with respect thereto or obstruct the public view thereof.

(16)

Illuminated signs in a residential zone area, except for uses approved as a special exception use.

(17)

Wall signs with a sign area larger than thirty-six (36) square feet in non residential zoning district that abuts property zoned residential.

(18)

Bench signs.

(19)

Double stacked or double-faced advertising signs.

(Ord. No. 02-03, § 1, 2-12-02; Ord. No. 06-18, § 4, 7-11-06)

The following signs are nonconforming signs:

(1)

Signs lawfully erected prior to the adoption of this chapter or applicable amendment thereto which do not meet the standards of this article may be continued, except as herein after provided. A legal nonconforming sign shall not:

a.

Have any changes made in the words or symbols used or the message displayed on the face of the sign, unless the use to which it applies remains the same after the change in the words or symbols.

b.

Be structurally altered so as to change the shape, size, type, or design of the sign; (routine maintenance and repair allowed).

c.

Be reestablished or continued after the activity, business, or use to which it applied has been discontinued for ninety (90) days or longer.

(2)

No sign shall be required to be removed which was erected in conformance with all town ordinances, if such sign becomes nonconforming due to a change occurring after the adoption of this chapter or applicable amendment thereto in the location of a buildings, streets, or other signs, and which change is beyond the control of the owner of the premises on which the sign is located.

(3)

If the owner of the premises on which a sign is located changes the use of the building, or changes the location of any property line or sign, so that any sign is rendered nonconforming, such sign must be removed or made to conform to this article.

(Ord. No. 02-03, § 1, 2-12-02)

The provisions of this article shall be administered and enforced by the community development director. The administrator shall keep a complete record of all signs which have been issued a permit.

(1)

At the termination of a business, commercial or industrial enterprise all other signs shall be removed by the owner within thirty (30) days after written notification from the community development director. Upon failure to comply within the time specified or to make arrangements for an extension from the community development director, the administrator may cause removal of such sign and the owner thereto shall pay any expenses involved.

(2)

The erection of any sign not specifically permitted by this chapter shall be deemed a civil zoning violation. Any person who commits a civil zoning violation may be issued a citation by the staff. See section 21-24(d).

(Ord. No. 02-03, § 1, 2-12-02; Ord. No. 06-18, § 4, 7-11-06)

No person shall erect, place, relocate, alter or add to any sign for which a permit is required, nor attach any sign to an existing sign without obtaining all required building permits from the community development director. Before such permits are issued, the director shall determine that the sign will comply with the provisions of this article. Sign permit fees shall be as specified in section 21-48 or section 6-21 of this Code.

(Ord. No. 02-03, § 1, 2-12-02; Ord. No. 06-18, § 4, 7-11-06)

The community development director may inspect signs for which a permit is required. If upon any inspection a sign is found to be in violation of this article, unsafe, or in a location that does not comply with the provisions of this article, the community development director shall give notice of such condition to the owner or the person responsible for such sign shall, within ten (10) days thereafter, remove the sign or cause the necessary repairs or corrections to be made. If the community development director finds a sign to be in such an unsafe condition that immediate repairs or the removal thereof are required; the community development director shall take such precautions as may be necessary to protect the safety of the public in the use of the streets.

(Ord. No. 02-03, § 1, 2-12-02; Ord. No. 06-18, § 4, 7-11-06)

Signs including the face, framing and all supports therefor, shall be kept and maintained in a safe condition and shall be adequately protected against corrosion and shall conform to all the provisions of this article.

(Ord. No. 02-03, § 1, 2-12-02)

Any sign erected or displayed without a permit or any sign which does not comply with the provisions of this article shall be deemed a hazard to the public safety and is declared to be a public nuisance and may be abated by removal without notice.

(Ord. No. 02-03, § 1, 2-12-02)

The board of zoning appeals is authorized to hear and decide appeals where it is alleged by the appellant there is an error in any order, requirement, decision or determination made by the community development director in connection with the enforcement of this article. The board of zoning appeals shall also have the power to authorize a variance from the strict application of this article where the strict application would result in peculiar or exceptional practical difficulties to, or exceptional undue hardship upon the person owning or having the beneficial use of the property provided such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of this article. In considering applications, the board shall follow the procedures contained in section 21-41 and section 21-43 and adopted rules of procedure.

(Ord. No. 02-03, § 1, 2-12-02; Ord. No. 06-18, § 4, 7-11-06)

ZONING DISTRICTS

(Ord. No. 02-03, § 1, 2-12-02)