New Whiteland City Zoning Code
SIGNS
§ 156.335 PROHIBITION; PURPOSE.
Except as otherwise provided in this chapter, no sign shall be erected, moved, enlarged, improved or altered, nor shall any sign be established or changed in use, without an improvement location permit issued by the Plan Commission or its designated representative. Permits shall be issued in conformance with this chapter. The purpose of the sign regulations of this chapter is to promote the use of signs which enhance the visual environment of the town and to encourage the use of signs which are harmonious with their surroundings.
(A) All signs and their surrounding structures shall be kept in good repair. Any sign that advertises an abandoned business or use shall be removed by the owner of the property on which that sign is located. For purposes of this section, any business or use that ceases to exist or fails to open for business continuously for 60 days shall be deemed to be abandoned. With respect to signs that advertise only one abandoned business or use, all signs and structures related exclusively to those signs shall be removed. With respect to sign panels located on a structure shared by two or more businesses, only the panel(s) advertising the abandoned business must be removed. All signs advertising abandoned businesses or uses, as defined herein, shall be removed within 30 days of the date on which the business or use is deemed to be abandoned or, in other words, within 90 days of the date on which the business or use ceases.
(B) Two permanent freestanding subdivision or project identification ground signs shall be permitted at each entrance to a subdivision or other residential project that has been approved in accordance with Ch. 155 of this code of ordinances. Such signs shall be located on some portion of the subdivision or project property. The maximum sign face area of such a sign shall not exceed 40 square feet. If the sign is located on a fence or wall, only the area of the actual sign itself shall be calculated in determining the maximum sign area, not the fence or wall itself. No part of the sign face or the sign support structure of a ground sign shall be more than four feet above grade level, and earth mounding that is inconsistent with the ground level of the land surrounding the sign structure and that increases the elevation of the sign, shall be included in the measurement of the sign height. Such signs shall be located no closer than ten feet from the existing street right-of-way line and no closer than five feet from a side or rear property line. Such signs shall not be placed on utility easements or drainage easements as defined on recorded plats or site plans without the express consent of the Plan Commission. Such signs shall not be placed as to interfere with the sight path of vehicular traffic.
(C) No sign shall be erected or maintained at any location where by reason of its position, working size, shape, color or illumination it may obstruct, obscure, impair or interfere with the view of, or be confused with any authorized traffic control devise, signal or sign.
(D) No part of any sign attached to the exterior wall of a building shall be erected to a height in excess of six feet above the roof line or parapet line of such building.
(E) No part of any free-standing sign shall be erected to a height greater than that specified for other structures in the district in which it is located; rooftop signs shall not extend more than 20 feet above the roof line, nor shall such sign be located closer to an exterior wall than a distance equal to the height such sign extends above the roof.
(F) The area of a sign shall be determined by the smallest circle, triangle or rectangle that can be used to enclose the sign, exclusive of supporting members that bear no message.
(G) (1) No illuminated sign shall be permitted within 50 feet of any residential district or in the GB District, unless it is so designed that it does not reflect or shine light into said district.
(2) No illuminated sign shall create an unduly distracting or hazardous condition to motorists or pedestrians. No sign shall project beyond a lot line, obstruct a driver’s vision of the road or hinder his or her passage in any way. Further, no sign shall hinder or obstruct any pedestrian path.
(3) No illuminated sign shall shine directly or reflect glare into any dwelling, hospital, nursing or convalescent home.
(4) All sign illumination shall be indirect or interior. No exposed bulbs, neon tubing or fluorescent tubing shall be allowed, with the exception of automatic changing signs which display time, temperature or other general information and illuminated seasonal or holiday signs.
(H) Each permitted or required parking area that has a capacity of more than five cars shall be permitted one sign, not more than two square feet in area, designating each entrance or exit; and one sign, not more than 12 square feet in area, identifying or designating the conditions of use of such parking area for each 25 spaces.
(I) Signs established by, or by the order of any governmental agency shall be permitted.
(J) One sign, not more than 12 square feet in area, for construction and development, giving the name of the contractors, engineers or architects, shall be permitted, but only during the time that construction or development is actively under way.
(2004 Code, § 7-1400) (Ord. 1061, passed 10-1-2002; Ord. 1068, passed 9-30-2003; Ord. 2113, passed 10-6-2009) Penalty, see § 156.999
§ 156.336 RESIDENTIAL DISTRICT REQUIREMENTS.
(A) A nameplate which shall not exceed one square foot in area is permitted for each dwelling unit of a single family, or multi-family structure; such nameplate shall indicate nothing other than name and/or address of the occupant and/or customary home occupation. No other sign shall be allowed. No permit is required.
(B) Multiple-family residences and residential projects of all types may display identification signs indicating nothing other than name and/or address of the premises and/or the name of the management. Such sign shall not exceed six square feet in area.
(C) For uses other than those listed in divisions (A) and (B) above, bulletin boards or identification signs indicating nothing other than name and/or address of the premises and schedule of services or other information relevant to the operation of the premises; such signs shall not exceed 12 square feet in area.
(D) For each use of divisions (B) and (C) above, eligible to display a sign, only one sign per street frontage shall be permitted; except that, uses occupying extended frontages shall be permitted one such sign per 500 feet of frontage or major fraction thereof.
(2004 Code, § 7-1401) (Ord. 1068, passed 9-30-2003)
§ 156.337 GENERAL BUSINESS DISTRICT REQUIREMENTS.
(A) Residential uses shall be subject to the provisions of § 156.336 of this chapter.
(B) Each public recreation, community facility, clinic use and similar uses shall be permitted one bulletin board or identification sign, not to exceed 12 square feet, except that use occupying extended frontages or major fraction thereof.
(C) Each primary use other than those listed in divisions (A) and (B) above shall be permitted signs according to the following formula: the area of all permanent advertising signs for any single business enterprise may have an area equivalent to one and one-half square feet of sign area for each lineal foot of width of a building, or part of a building occupied by such enterprise, but shall not exceed a maximum area of 100 square feet.
(D) (1) The area of all permanent advertising signs for any single business enterprise shall be limited according to the widths of the building or part of the building occupied by such enterprise.
(2) For purposes of this section, width shall be measured along the building face nearest parallel to the street line.
(3) In the case of a corner lot, either frontage may be used in determining width, but the frontage selected shall be considered the front wall of the building for the purpose of determining maximum area of the sign.
(E) No sign shall project over a lot line and no sign shall project in to a required yard by more than two feet, except in those blocks where 25% of the frontage is already occupied by business uses and where overhanging signs are already established, signs may project to within two feet of an established right-of-way line, but in no event shall a sign extend more than six feet beyond the face of the building.
(F) Free-standing signs not over 25 feet in height, having a maximum total sign area of 100 square feet and located not closer than ten feet to any street line, and not closer than 100 feet to any adjoining lot line may be erected to serve a group of business establishments.
(2004 Code, § 7-1402)
§ 156.338 MANUFACTURING DISTRICT REQUIREMENTS.
(A) Each use shall be permitted identification signs on the lot only as incidental uses.
(B) All provisions applying to GB Districts apply; except that, the area of all permanent advertising signs for any single manufacturing enterprise may have an area equivalent to five square feet of sign area for each lineal foot of width of a building, or part of a building occupied by such enterprise.
(2004 Code, § 7-1403)
§ 156.339 BILLBOARDS.
Billboard signs shall only be permitted in the GB and M Districts and shall be subject to the following regulations, which are in addition to the zoning ordinance regulations otherwise applicable and not in conflict herewith.
(A) Billboard sign size. The face of a billboard sign shall not be greater than 14 feet in vertical dimension nor greater than 50 feet in horizontal dimension, and shall not contain more than two signs per facing.
(B) Distance between billboard signs. The minimum distance between billboard signs shall be as specified below.
(1) Linear spacing between billboard signs. The minimum distance between billboard signs located along and oriented toward the same public street shall be 1,000 feet, subject to the following.
(a) The spacing requirement shall be applied regardless of whether the signs are on the same side of the street.
(b) The spacing requirement shall be applied continuously along a street to all signs oriented toward that street in either direction whether the signs are in the same block or are in different blocks separated by an intersecting street.
(c) For purposes of applying the spacing requirement to billboard signs, pole, roof, wall, ground and projecting signs shall be treated the same, whether double-faced or single-faced.
(d) Billboard signs located at the same intersection are not in violation of the minimum spacing requirement specified in this section because of their nearness to one another if they are located so that their messages are directed toward traffic flowing in different directions.
(2) Radial spacing between billboard signs. In no event shall any point of a billboard sign or sign structure be closer than 500 feet from any point of any other billboard sign or sign structure regardless of location or orientation.
(3) Method of measurement. The method of measurement of the spacing between billboard signs oriented toward the same street shall be along the centerline of the street to which the sign is oriented from the point in the street’s centerline closest to the leading edge of the sign.
(C) Distance from protected districts. No billboard sign shall be located within 350 feet of a protected district. For purposes of this section. Protected district shall include all residential districts, areas platted for residential use as part of a PUD ordinance, parks, schools and churches.
(D) Roof top billboard signs. Roof top billboard signs shall not be permitted in any zoning district.
(E) Billboard sign setback. Signs or sign structures shall be set back in accordance with the building setback lines required by the applicable zoning district.
(F) Construction of billboard signs. The supports, uprights, bracing and framework of an billboard sign shall be of steel construction.
(2004 Code, § 7-1404) (Ord. 2100, passed 4-7-2009)
§ 156.340 SIGNS NOT PERMITTED IN ANY DISTRICT.
(A) Portable, folding and similar movable signs shall not be permitted, except under a temporary sign permit;
(B) Signs which are structurally unsafe or are incompatible with their surroundings as determined by the Commission or its designated representatives;
(C) Signs obstructing free ingress or egress from a required exit, or which prevent light or ventilation as required in local codes and ordinances;
(D) Signs which by reason of size, location, content, coloring or illumination violate municipal or state highway standards;
(E) Signs, words, phrases, symbols, colors or characteristics which may mislead, interfere with or confuse motorists;
(F) Signs erected on or attached to any sidewalk, street or highway right-of-way, curb, curbstones, hydrant, lamppost, tree, barricade, temporary walkway, telephone, telegraph or electric light pole, other utility pole, public fence or on a fixture of the fire alarm or police system, except public information signs;
(G) An advertising sign shall not be painted directly on an exterior wall of a building or structure; or
(H) Signs which involve revolving or rotating beams of light.
(2004 Code, § 7-1405)
§ 156.341 TEMPORARY SIGNS.
The following temporary signs are permitted in all zoning districts within the town subject to the specific provisions for each asset forth below.
(A) “For Sale” or “For Rent”. One “For Sale” or “For Rent” sign, not more than 12 square feet in area, for each dwelling unit, garage or other building, structure or land, shall be permitted. No permit is required.
(B) Agricultural products. One sign, not more than 20 square feet in area, pertaining to the sale of agricultural products raised on the premises shall be permitted. No permit is required.
(C) Public interest event. For an event of public interest such as a county fair, church event, town event or fundraising activity, one sign, not over 24 square feet in area and located upon the site of the event shall be permitted, as well as off-site signs advertising such event, not more than 12 square feet in area, and not more than one such sign per parcel. The display period of such signs shall be limited to 30 days before the event advertised through the date of the event. Also directional signs shall be permitted, not more than three fee in area, showing only a directional arrow and the name and address of the event location. The display period of such directional signs shall be limited to 14 days before the event advertised through the date of the event. No permit is required for public interest event signs and related directional signs.
(D) Construction signs. During construction of approved non-residential structures and subdivision infrastructure improvements, including for residential subdivisions, signs, not exceeding 32 square feet each, identifying the architects, engineers, developers, lenders, realtors and contractors involved with such projects shall be permitted. All such signs shall be located on the property on which the development or building project is located, and shall be removed within 30 days after the end of construction. The “end of construction “ for purposes of this section shall be the date on which a certificate of occupancy is issued for a building or the date on which subdivision improvements are accepted by the town. Such signs shall be located no closer than ten feet from any street right-of-way line or property line. A sign permit and permit fee is required for construction signs.
(E) Sale of subdivision lots. For real estate development that has been approved in accordance with Ch. 155 of this code of ordinances, temporary signs advertising the sale of lots shall be limited to one sign per entrance to the development, shall not be larger than 32 square feet, shall not be illuminated and shall be located a minimum distance of ten feet from any street right-of-way or property line. Such signs shall be permitted only during the time that unimproved subdivision lots are offered for sale by the original developer of the subdivision and not later than three years after the first lot is sold. Permits for such signs shall be issued for one-year periods and may be renewed for additional one-year periods to allow time for reasonable display.
(F) Portable signs.
(1) In residential districts, portable signs shall be of a non-commercial nature, shall be limited to one per residential lot and shall be permitted only for up to 72 consecutive hours in any seven-day period. No permit is required for portable signs in a residential district.
(2) In non-residential districts, portable signs shall be subject to the issuance of a permit and shall not be displayed for longer than 60 consecutive days in any 180-day period.
(3) A “portable sign” shall be defined as any sign that is not permanently attached to the ground and that is designed to be transported and used from place to place, including, but not limited to, signs transported by means of wheels; signs attached to A- or T-frames; yard card signs; menu and sandwich board signs; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used for transportation in the normal day-to-day operation of the business.
(4) All portable signs shall:
(a) Be located not less than ten feet from any public right-of-way or property line;
(b) Not obstruct the flow or sight pattern of vehicular traffic on any established right-of-way;
(c) Not exceed 32 square feet;
(d) Meet the illumination requirements as set forth in § 156.335(G) of this chapter; and
(H) Political campaign signs. Political campaign signs shall be located on private property, with the permission of the property owner, and not within the street right-of-way, shall be permitted no more than 45 days prior to the scheduled election, and shall be removed within seven days after the election. A permit shall not be required for such signs.
(I) Model home signs. Model home signs shall be limited to only one sign located on the model home lot, shall not exceed 16 square feet or four feet in height, shall not be located closer than ten feet to any public right-of-way line or property line and shall be removed immediately after the home no longer serves as a model home. No permit shaft be required for model home signs.
(2004 Code, § 7-1406) (Ord. 1068, passed 9-30-2003; Ord. 2104, passed 10-6-2009)
§ 156.342 SIGN PERMITS.
(A) Except as otherwise provided in this chapter, it shall be unlawful for any person to establish any sign within the jurisdictional area of this chapter, or cause the same to be done without first obtaining a sign permit for each such sign from the Building Inspector as required by this chapter. These directives shall not be construed to require any permit for a change of copy for legal changeable copy, nor for the repainting, cleaning and other normal maintenance or repair of a sign or sign structure for which a permit has previously been issued, so long as the sign or sign structure is not modified in any way to violate the standards or provisions of this chapter. No permit is required for signs which are exempted from permits elsewhere in this chapter. No new permit is required for signs which have permits and which conform with the requirements of this chapter on the date of its adoption unless and until the sign is altered or relocated in violation of this chapter. A permit must be secured when the fee ownership of the property upon which the sign is located has been changed, or when the ground upon which the sign is situated has been leased to a new tenant.
(B) Every sign permit issued by the Building Inspector shall become null and void if the sign is not established within six months after the issuance of such permit. Signs which require approval by the Commission must be established within one year after the date such approval is granted or such approval shall become null and void. Signs which require variance approval from the Board shall be established within one year.
(C) No person shall establish any sign upon any property or building without the consent of the owner or person entitled to possession of the property or building, if any, or his or her authorized representative.
(D) Application for a permit shall be made to the Building Inspector upon a form provided by the Building Inspector and shall be accompanied by such information as may be required to assure compliance with all appropriate laws and regulations of the town including, but not limited to:
(1) Name and address of the owner of the sign;
(2) Name and address of the owner (fee owner) of the premises where the sign is to be located;
(3) Name and address of the person leasing the premises (if applicable);
(4) Clear and legible drawing(s) clearly indicating the proposed location of the sign which is the subject of the permit and all other existing signs that require permits, when such signs are on the same premises; and
(5) Drawings showing the dimensions, construction supports, sizes, electrical wiring and components, materials and design of the sign and method of attachment. The design, quality, materials, and loading shall conform to the requirements of the Building Official’s and Administrative Code (BOAC), as amended. If required by the Building Inspector, engineering data shall be supplied on plans submitted certified by a duly licensed engineer.
(E) The Building Inspector shall issue a permit for the establishment of a sign when an application therefor has been properly made to the town. The person establishing a sign shall notify the Building Inspector upon completion of the work for which permits are required, and shall submit a color photograph of the established sign to the Building Inspector. All signs shall be subject to an inspection by the Inspector.
(F) The Building Inspector may, in writing, suspend or revoke a permit issued under provisions of this subchapter whenever the permit is issued on the basis of a misstatement of fact or fraud after due notice by and hearing before the Building Inspector. When a sign permit is denied or revoked by the Building Inspector, he or she shall give written notice of the denial to the applicant together with a brief written statement of the reasons for the denial. No permit for a sign issued hereunder shall be deemed to constitute permission or authorization to maintain an unlawful sign nor shall any permit issued hereunder constitute a defense in an action to abate an unlawful sign. An appeal may be taken to the Board from either the Building Inspector’s denial or revocation of a permit or from the failure of the Building Inspector to formally grant or deny a permit within 30 days.
(G) (1) The application, including all required documentation, shall be filed with the Building Inspector together with the appropriate permit fee.
(2) If any sign is hereafter erected, placed, installed to or otherwise established on any property before obtaining a permit as required herein, the fees specified shall be doubled.
(3) Payment of such double fee shall not relieve any person from compliance with other provisions of this code and penalties prescribed herein.
(2004 Code, § 7-1407) (Ord. 1068, passed 9-30-2003)