(A)    Signs obstruct views, distract motorists, displace alternative uses for land, and pose other problems that legitimately call for regulation. The purpose of this section is to regulate the size, color, illumination, movement, materials, location, height and condition of all signs placed on private property for exterior observation, thus ensuring the protection of property values, the character of the various neighborhoods, the creation of a convenient, attractive and harmonious community, protection against destruction of or encroachment on historic convenience to citizens and encouraging economic development in conformity with the 2001 to 2021 Comprehensive Plan for the Town of Newburgh, Indiana, Newburgh Historic Preservation Commission Preservation Guidelines, and Newburgh Downtown Action Plan. This section allows adequate communication through signage while encouraging aesthetic quality in the design, location, size and purpose of all signs. This section must be interpreted in a manner consistent with the First Amendment guarantee of free speech. If any provision of this section is found by a court of competent jurisdiction to be invalid, such finding must not affect the validity of other provisions of this section which can be given effect without the invalid provision.

   (B)   A sign placed on land or on a building for the purpose of identification, protection or directing persons to a use conducted therein must be deemed to be an integral but accessory and subordinate part of the principal use of land or building. Therefore, the intent of this section is to establish limitations on signs in order to ensure they are appropriate to the land, building or use to which they are appurtenant and are adequate for their intended purpose while balancing the individual and community interests identified in division (A) of this section.

   (C)   These regulations are intended to promote signs that are compatible with the use of the property to which they are appurtenant, landscape and architecture of surrounding buildings, are legible and appropriate to the activity to which they pertain, are not distracting to motorists, and are constructed and maintained in a structurally sound and attractive condition.

   (D)   These regulations distinguish between portions of the town designed for primarily vehicular access and portions of the town designed for primarily pedestrian access.

   (E)   These regulations do not regulate every form and instance of visual communication that may be displayed anywhere within the jurisdictional limits of the town. Rather, they are intended to regulate those forms and instances that are most likely to meaningfully affect one or more of the purposes set forth above.

   (F)   These regulations do not entirely eliminate all of the harms that may be created by the installation and display of signs. Rather, they strike an appropriate balance that preserves ample channels of communication by means of visual display while still reducing and mitigating the extent of the harms caused by signs.

   (G)   These regulations are not intended to and do not apply to signs erected, maintained, or otherwise posted, owned, or leased by the State of Indiana, the United States government, or this town. The inclusion of "government" in describing some signs does not intend to subject the government to regulation, but instead helps illuminate the type of sign that falls within the immunities of the government from this regulation.

   (H)   This section is intended to regulate the design and placement of signs from the date of adoption of this subchapter in the following circumstances:

      (1)   Where a newly constructed facility includes signs;

      (2)   Where a sign is replaced because of a change of occupancy, ownership or use;

      (3)   Where a new sign is added to an existing building; and

      (4)   Granting of a special use or expansion of a facility which includes signs.

(Ord. 2021-03, passed 10-13-2021)

   For purposes of this Sign Ordinance (codified as §§ 157.195 through 157.219), the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(Ord. 2021-03, passed 10-13-2021; Ord. 2024-09, passed 2-26-2025)

      (1)   Signs are prohibited in all districts unless authorized under this code or constructed pursuant to a valid building permit when required under the code.

      (2)   A property owner may not accept a fee for posting or maintaining a sign allowed under § 157.198(D) and any sign that is posted or maintained in violation of this provision is prohibited.

      (1)   Signs containing any flashing or running lights or lights creating an illusion of movement, except for electronic message signs that are permitted or approved as a conditional use permit pursuant to § 157.219;

      (2)   Commercial signs in residential zones or on property used for non-transient residential use, unless approved as a special use by the Board of Zoning Appeals in accordance with § 157.214;

         (a)   The primary purpose or use of the vehicle or trailer for any period of time must not be the display of signs.

         (b)   The sign must be:

            1.   A magnetic sign attached to a steel body panel of the vehicle or trailer;

            2.   An adhesive decal, including an adhesive vehicle wrap;

            3.   Painted onto the vehicle itself;

            4.   A delivery vehicle sign; or

            5.   An integral part of the vehicle or equipment as originally designed by the manufacturer.

         (c)   The vehicle or trailer on which the sign appears is in operating condition, currently registered and licensed to operate on public streets when applicable, and actively used or available for use in the daily function of the business to which such signs relate.

         (d)   When not in use, the vehicle must be parked within a legal parking space on the premises where the business is located or where the business is being conducted.

      (5)   Signs in any residential district, exceeding a height of three and one-half feet above the street grade, within 12 feet of the intersecting street lines bordering a corner lot.

      (6)   Signs in any business district within eight feet of the intersecting street lines bordering a corner lot.

      (7)   Signs in the public right-of-way, except for signs permitted under the provisions of § 157.198(A) and § 157.198(C).

      (8)   Signs on utility poles.

      (9)   Signs which move, or give the appearance of moving, except as permitted under the provisions of § 157.198(G), are not permitted. This category includes pennants, streamers, inflatable signs, balloons or other air or gas filled fixtures, "garrison" size flags and all other signs which flutter, undulate, swing, rotate, oscillate or otherwise move by natural or artificial means. This category does not include seasonal decorations.

      (10)   Signs off-premises, unless such sign is a temporary sign and is placed on the property of another property owner and that property owner consents to display the temporary sign.

(Ord. 2021-03, passed 10-13-2021; Ord. 2024-09, passed 2-26-2025)

   The following signs are authorized pursuant to § 157.197(A)(1) in every district and shall not require a permit when erected, maintained, or posted pursuant to the provisions of this § 157.198 and any other regulation under this code:

      (1)   Although these regulations do not apply to signs erected, maintained or posted by the State of Indiana, United States Government, or this town, these regulations clarify that government signs are allowed in every zoning district which form the expression of this government when erected and maintained and include the signs described and regulated in the following divisions when erected and maintained pursuant to law.

         (a)   Traffic control devices on private or public property must be erected and maintained to comply with the Indiana Manual on Uniform Traffic Control Devices.

         (b)   Each property owner must mark their property using numerals that identify the address of the property so that public safety departments can easily identify the address from the public street. Where required under this code or other law the identification must be on the curb and may be on the principal building on the property. The size and location of the identifying numerals and letters if any must be proportional to the size of the building and the distance from the street to the building and in no case larger than one square foot in area. In cases where the building is not located within view of the public street, the identifier must be located on the mailbox or other suitable device such that it is visible from the street.

         (c)   Where a federal, state or local law requires a property owner to post a sign on the owner's property to warn of a danger or to prohibit access to the property either generally or specifically, the owner must comply with the federal, state or local law to exercise that authority by posting a sign on the property. If the federal, state, or local regulation describes the form and dimensions of the sign, the property owner must comply with those requirements; otherwise, when not defined, the sign shall be no larger than two square feet and located in a place on the property to provide access to the notice that is required to be made.

         (d)   Official notices or advertisements posted or displayed by or under the direction of any public or court officer in the performance of official or directed duties; provided however, that all such signs must be removed by the property owner no more than ten days after their purpose has been accomplished or as otherwise required by law.

         (e)   Directional or instructional signs accessory to parking and driveway areas when erected pursuant to § 72.21.

         (f)   Signs which direct or guide persons to facilities intended to serve the public, including signs identifying rest rooms, public telephones, walkways and similar facilities. Advertising material is not permitted on such signs. This category does not include signs accessory to parking or driveway areas; and

         (g)   Off-premises "wayfinding signs" that are part of a continuous system of signs coordinated with and approved by the town for the purpose of directing vehicular and pedestrian traffic to key civic, cultural, visitor and recreational attractions and destinations.

         (h)   The Town of Newburgh has historically allowed non-profit organizations, as defined by Section 501 (c) of the Internal Revenue Code, to place temporary signs in the public right-of- way at the southeast corner of State Street and Jennings Street for purposes of advertising events located in Warrick County, Indiana that promote the Town of Newburgh or fundraise for an organization that promotes the Town of Newburgh. The Town of Newburgh believes that those signs form the expression of the Town of Newburgh and are not subject to the regulations of this code regarding off-premises signs, temporary signs, or signs in the public right-of-way. The Town of Newburgh may continue to erect and maintain a temporary sign in the public right-of-way at the southeast corner of Jennings Street and State Street, for the purpose of advertising an event located within Warrick County, Indiana that promotes the Town of Newburgh or fundraises for an organization that promotes the Town of Newburgh.

      (2)   The signs described in the proceeding divisions are an important component of measures necessary to protect the public safety and serve the compelling governmental interest of protecting traffic safety, serving the requirements of emergency response and protecting property rights or the rights of persons on property.

   (E)   Notices placed on bulletin boards maintained by town government.

   (F)   Signs not in an enclosed building and not exposed to view from a street or public right-of- way, public place or other property such as those not visible to a person from a public right-of-way, public place or other property.

   (H)   For purposes of this § 157.198 the lessor of a property is considered the property owner as to the property the lessor holds a right to use exclusive of others (or the sole right to occupy). If there are multiple lessors of a property then each lessor must have the same rights and duties as the property owner as to the property the lessor leases and has the sole right to occupy and the size of the property must be deemed to be the propelty that the lessor has the sole right to occupy under the lease.

(Ord. 2021-03, passed 10-13-2021)

   For the purposes of this subchapter, the town is divided into three sign districts: residential, nonresidential and historic.

   (A)   Those properties zoned residential within the zoning regulations are designated as residential sign districts.

   (B)   Those properties zoned commercial and office within the zoning regulations are designated as nonresidential sign districts.

   (C)   All properties located within a Town Historic Preservation District are designated as historic sign districts.

(Ord. 2021-03, passed 10-13-2021)

      (1)   From, and after, the effective date of this subchapter, no person may erect, alter or relocate any wall sign, ground sign, permanent window sign, canopy, awning or mural in the town without first obtaining a permit from the Zoning Administrator and paying the required fee.

      (2)   Routine maintenance or changing of parts of a sign shall not be considered as an alteration of a sign, provided that the maintenance or change of parts does not alter the surface area, height or otherwise make the sign nonconforming.

(Ord. 2021-03, passed 10-13-2021)

   (B)   (1)   In addition to all required permits, any sign within a Historic Preservation District requires approval of the Historic Preservation Commission in accordance with preservation guidelines.

      (2)   Specific sign restrictions within a Historic District include but are not limited to the following.

         (a)   New signage should be unobtrusive, relating to rather than obscuring the design elements of the building or site.

         (b)   Sign material should complement those found on the related building, or that are common within the district. Metal, stone or painted wood signs are generally most appropriate.

         (c)   Commercial signage that advertises a business or service should be simple in design, preferably identifying only the name, purpose and address on a sign structure sized for reasonable legibility.

         (d)   Ground signs should be mounted low to the ground to avoid blocking the pedestrian's view. Signs mounted on low, landscaped bases may also be appropriate.

         (e)   Accent lighting used to illuminate signs should be installed in a manner that minimizes visibility of the light fixture and does not result in glare. External illumination should be from the top down not from the bottom up.

         (f)   Sandwich board or A-frame signs and signs on easels as described in this subchapter are appropriate and add to the overall character of the historic districts.

         (g)   Fabric awnings on commercial buildings are preferred over metal or wood in most cases.

         (h)   Internally illuminated signs are prohibited, except to the extent permitted as follows:

         (i)   Plastic signs are prohibited.

         (j)   Flush mounted signs should not conceal architectural features or details.

(Ord. 2021-03, passed 10-13-2021; Ord. 2023-03, passed 4-26-2023)

      (1)   Wall signs shall be a maximum of 20% of the wall area on which they are located.

      (2)   If a sign is enclosed by a box or other form of outline, the total area of the sign, including the background, shall be counted in calculating the percentage of the signable area. If a sign consists of individual letters without any box or other form of outline, only the area of the letters shall be counted.

(Ord. 2021-03, passed 10-13-2021)

   Rooftop signs are not allowed in any zoning district.

(Ord. 2021-03, passed 10-13-2021)

(Ord. 2021-03, passed 10-13-2021)

      (1)   No portion of a canopy or awning shall be less than seven feet above the level of the sidewalk or other public thoroughfare over which it projects.

      (2)   No portion of a canopy or awning may extend beyond the curb line.

      (1)   Information on a canopy or awning shall be limited to official names, logo or purpose of business.

      (2)   Not more than 25% of the surface area of the canopy or awning may be used for the name, logo or purpose of the business.

      (3)   The location and installation of canopies and awnings is subject to the approval of the Zoning Administrator.

(Ord. 2021-03, passed 10-13-2021)

(Ord. 2021-03, passed 10-13-2021)

   In a nonresidential or historic district a property owner may display one sandwich board, A-frame sign, or a sign on an easel. Signs must not obstruct the sidewalk or pedestrian traffic or obscure the view of vehicular traffic and shall be taken in at night. Sandwich board signs may not exceed 12 square feet in size, per side. Signs on easels may not exceed eight square feet in size.

(Ord. 2021-03, passed 10-13-2021)

   It is the intent of this code to limit the aesthetic impact of signs on properties to prevent clutter and protect streetscapes thereby preserving property values and protecting traffic safety without inhibiting the rights afforded to its citizens by the First Amendment. The accumulation of signs adversely affects these goals, property values and public safety. Accordingly, a person exercising the right to place temporary signs on a property as described in division (A) of this section must adhere to the regulations set forth in division (B) of this section.

      (1)   A property owner may place four temporary signs on the property at any time. Such sign may not be illuminated and may not exceed four square feet in surface area.

      (2)   Additional temporary signs may be located on a property 60 days prior to an election involving candidates for a federal, state or local office that the property owner is eligible to vote for or involves an issue on the ballot of an election within the district where the property is located. Additional temporary signs erected pursuant to this subparagraph must be removed ten days after the election. Such signs may not be illuminated and may not exceed 16 square feet in surface area in a residential district and the historic district, and 32 square feet in surface area in a nonresidential district.

      (3)   One additional temporary sign may be located on a property when the property is a development site and the owner consents. Such sign may not be illuminated and may not exceed 16 square feet in surface area in a residential district and the historic district, and 32 square feet in surface area in a nonresidential district.

      (4)   One additional temporary sign may be located on a property in the historic or a nonresidential district if the property is the sight of a new business for a period of 60 days, not to exceed 30 days after the first day the business was open to the public. Such signs may not be illuminated and may not exceed 16 square feet in surface area in the historic district and 32 square feet in a nonresidential district.

(Ord. 2021-03, passed 10-13-2021)

(Ord. 2021-03, passed 10-13-2021)

   (A)   Whenever external illumination is used for a sign, the source of light shall be located, shielded and directed in such a manner that the light is not directly visible from any surrounding public street or private residence.

   (B)   Any receptacle or device used to provide external illumination for a wall sign shall not protrude more than 12 inches from the face of the sign.

   (C)   The lighting intensity of all signs is further subject to the provisions regarding glare as set forth in the town zoning regulations.

   (D)   Except for signs erected and displayed pursuant to § 157.198(B) and § 157.198(G) illuminated signs are not permitted in residential districts.

(Ord. 2021-03, passed 10-13-2021)

(Ord. 2021-03, passed 10-13-2021)

   All signs, canopies and awnings shall be kept and maintained in a safe, neat and orderly condition and appearance and shall be repainted or otherwise maintained periodically by the owner to prevent corrosion or deterioration caused by weather, age or any other condition.

(Ord. 2021-03, passed 10-13-2021)

      (1)   Review plans and specifications submitted by persons desiring to erect, alter or move signs;

      (2)   Issue sign permits;

      (3)   Conduct inspections of signs and issue notices of noncompliance when required; and

      (4)   Maintain all records necessary for the appropriate administration and enforcement of this subchapter, including applications for variances and appeals.

(Ord. 2021-03, passed 10-13-2021)

   (A)   Certain types of signs shall only be allowed by a special use permit granted by the Board of Zoning Appeals upon having reviewed and approved of the characteristics of the proposed signs. Such special use permits are required because these categories of signs are of such a nature that their construction and operation may give rise to unique problems with respect to their impact upon neighboring properties.

   (B)   The following types of signs will be allowed by conditional use permit only:

      (1)   Memorial plaques, cornerstones, historical plaques and similar designations displayed for noncommercial purposes;

      (2)   Projecting signs;

      (3)   Residential wall and ground signs;

      (4)   Electronic message signs except where specifically permitted without a conditional use permit pursuant to § 157.219(B).

      (1)   The proposed location does not block the view of other signs in the area;

      (2)   The size does not unduly infringe upon the health, safety or welfare of persons occupying or moving through the surrounding area;

      (3)   The sign does not detract from the "historic fabric" of the town; and

      (4)   The sign is materially consistent with the objectives of this subchapter.

   (D)   Administration of special use permit. Regulations for procedures and hearings shall be the same as that outlined for § 157.050.

(Ord. 2021-03, passed 10-13-2021; Ord. 2024-09, passed 2-26-2025)

   (A)   If an existing sign which was previously in conformance becomes nonconforming due to this subchapter, it may be required to be removed or brought into compliance provided "just compensation" is paid to the sign owner. Existing signs which were previously nonconforming and continue to be nonconforming as described in this subchapter shall be removed or brought into compliance within six months of the effective date of this subchapter.

   (B)   Nonconforming signs that have been in existence for over 20 years prior to the effective date of this subchapter shall be exempt.

(Ord. 2021-03, passed 10-13-2021)

(Ord. 2021-03, passed 10-13-2021)

   The owner of any sign which is otherwise allowed by this sign subchapter may substitute non- commercial copy in lieu of any other commercial or non-commercial copy. This substitution of copy may be made without any additional approval or permitting. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over non-commercial speech, or favoring of any particular non-commercial message over any other non-commercial message. This provision prevails over any more specific provision to the contrary.

(Ord. 2021-03, passed 10-13-2021)

   Nothing in this section or elsewhere in this subchapter shall prevent any building owner or association of merchants from establishing by lease, or other form of agreement, sign regulations which are more stringent than those set forth in this subchapter.

(Ord. 2021-03, passed 10-13-2021)

   (A)   Except as provided in division (B) below, electronic message signs shall require approval of a conditional use permit by the Board of Zoning Appeals in accordance with § 157.214.

   (B)   Electronic message signs for public and private elementary, middle and/or secondary schools are permitted in residential and nonresidential zoning districts without requiring approval of a conditional use permit, subject to meeting the requirements and development standards for electronic message signs set forth in division (C) below.

   (C)   The following requirements and development standards shall apply to all electronic message signs:

      (1)   Electronic message signs are prohibited within residential sign districts and historic sign districts except where otherwise permitted pursuant to division (B) above.

      (2)   No more than three lines of copy are permitted to be shown at one time.

      (3)   All lighting on the sign must change instantaneously and concurrently at no less than ten-second intervals.

      (4)   An electronic message sign shall not exceed 40 square feet in total area.

      (5)   The sign message must be turned completely off between the hours of 12:00 a.m. and 6:00 a.m.

      (6)   No electronic message sign shall be located within 200 feet from a building used as a single-family residence, except that for an electronic message sign permitted under division (B) above the required distance shall be 100 feet.

      (7)   No electronic message sign shall be located within 400 feet of an existing electronic message sign.

(Ord. 2024-09, passed 2-26-2025)

   (A)   Any person who violates any provision of this chapter shall be subject to the penalties set forth in § 10.99.

   (B)   Any person, firm or corporation, or anyone acting in behalf thereof who shall violate or fail to comply with any of the provisions of this chapter by conduct or activity or the erection, construction, enlargement, conversion, moving or maintenance of any building, structure or use which is continued, operated or maintained, on land or water, use in whole or in part, contrary to any of the provisions of this chapter is hereby declared to be in violation of this chapter. The Town Attorney, or an attorney who has been appointed by the Town Council to represent it, may, immediately upon the violation being called to the Town Attorney's attention institute injunctions, abatements or any other appropriate actions to prevent, enjoin, abate or remove the violation. The action may also be instituted by any property owner, who may be especially damaged by a violation of this chapter. The remedy provided for herein shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law.

   (C)   Failure to obtain an improvement location permit in the SFHA or failure to comply with the requirements of a permit or conditions of a variance shall be deemed to be a violation of § 157.168. All violations shall be subject to a civil penalty not to exceed $2,500.

      (1)   A separate offense shall be deemed to occur for each day the violation continues to exist.

      (2)   The Town Planning Commission shall inform the owner that any such violation is considered a willful act to increase flood damages and therefore may cause coverage by a standard flood insurance policy to be suspended.

      (3)   Nothing herein shall prevent the town from taking such other lawful action to prevent or remedy any violations.

(Ord. 1997-1, § 130.2(O), § 130.9(D), passed 1-22-1997; Ord. 2021-03, passed 10-13-2021)