This article creates the legal framework for sign regulations that are intended to facilitate an easy and agreeable communication between people and to balance the interests and objectives of the sign owner and the community audience. It is recognized that signs serve an important function and, therefore, reasonable, and adequate display of signs is permitted. It is further recognized that while aesthetics and design quality can vary greatly, the overall impact upon the surrounding larger community can significantly impact property values, safety, long-term vitality, and the overall quality of life in Hamilton County.

The purpose of the sign regulations set forth shall be to:

A.

Eliminate or reduce potential hazards to motorists and pedestrians; maintain an equitable opportunity for effective communication.

B.

Enhance efficient location of places for ease of commerce, emergency response, and the convenience of residents and guests.

C.

Eliminate excessive and confusing sign displays; preserve the scenic and natural beauty; preserve and protect historic signs.

D.

Assure the maintenance of signs.

E.

Encourage signs to be compatible with the scale of buildings.

F.

To preserve and improve the appearance of the county as a place in which to live and work and act as an attraction to nonresidents who come to visit or trade.

G.

Supplement and be a part of the regulations imposed and the plan set forth under the comprehensive plan for Hamilton County; and to

H.

Promote public health, safety, morals, and general welfare.

The requirements, conditions, prohibitions, and exceptions specified shall apply to all signs and sign structures in all zoning districts. No sign or sign structure, or part thereof, shall be constructed, erected, converted, enlarged, extended, reconstructed, or relocated except in conformity with these regulations.

Noncommercial content may be substituted for other content on any sign permitted or any legal nonconforming sign under this zoning ordinance.

If any decision, subsection, sentence, phrase, or portion of this article is for any reason held invalid or unconstitutional by any court of competent jurisdiction, that portion of these regulations shall be deemed separate and distinct, and that holding shall not affect the validity or constitutionality of the remaining portions of this section, which shall remain in full force and effect.

A.

Consent of property owner. No sign or sign structure shall be placed on private or public property without the expressed written consent of the owner, owner's representative, holder, lessee, agent, trustee, or other party controlling the use of such property.

No sign, other than signs placed by agencies of government with appropriate jurisdiction, or a sign whose placement is authorized by such agencies, shall be located, used, or maintained on or over a public property or public right-of-way, except as specifically authorized by this chapter and, if applicable, any requisite encroachment license. No sign may be installed, used, or maintained on or over a drainage or utility easement, except as specifically authorized by the entity granted the easement.

B.

Required permits. Any sign not exempted from the requirements of obtaining an improvement location permit (ILP) shall be required to obtain an ILP.

Furthermore, any sign not identified as a permitted sign type is prohibited. This provision shall not be construed to require an ILP for the changing of a sign face on a sign for which an ILP has previously been issued, except that an ILP is required for the changing of a sign face from a static face to a digital display.

This provision shall not be construed to require an ILP for the maintenance of a sign (refer to definitions) for which an ILP has previously been issued, provided that the maintenance or change of parts or copy of a sign does not alter the surface area, height, or otherwise render the sign nonconforming, or increase the existing degree of nonconformity, with the standards of the ordinance.

C.

Signs that may be erected without a permit. The following signs may be erected and maintained without a permit or fee, provided that such signs comply with all standards applicable to that type of sign.

i.

Yard signs

ii.

Non-commercial flags, non-commercial banners or other similar non-commercial emblems that are suspended entirely over private property. See definitions of flag, banner, and commercial flag

iii.

Parking structure signs which are not oriented to a right-of-way

iv.

Window signs

v.

Pedestrian signs

vi.

Public signs

vii.

Address signs

viii.

Signs permitted on undeveloped lots

D.

Features that are not considered a sign. The following features are not considered a sign and not regulated by this article.

i.

Tombstones in a cemetery or graveyard are not considered signs.

ii.

A work of art is considered a sign if it contains a business name, brand name or business logo other than the creator's signature or mark, unless it constitutes a sponsorship element no larger than 5% of the size of the work.

iii.

Outlining by illumination of structural/architectural elements of buildings in any commercial, manufacturing, or mixed-use district shall not be considered a sign. Such building outline lighting shall not flash or be animated or be located within 600 feet of any protected district unless visibly obstructed from view from within that district; but in no instance may it be located within 400 feet of such a district.

E.

Prohibited signs.

i.

Signs in the public right-of-way. No sign or sign structure may be placed on or in the right-of-way of an alley or a street including those posted on utility poles or street signs, with the exception of public signs and signs associated with an approved outdoor café. Where applicable, an encroachment license from the proper governmental agency shall be obtained prior to the placement of the sign.

ii.

Signs which interfere with public signs or traffic devices in the following manner.

iii.

No sign or sign structure shall be permitted which attempts or appears to attempt to regulate the movement of traffic or which interferes with or obstructs the view of, or can be confused with, imitates, or resembles any official traffic sign, signal, or device. No rotating beam, beacon or flashing illumination resembling any emergency light shall be used in connection with any sign display.

iv.

No sign shall be permitted which obstructs a driver's view of any traffic or roadway sign, signal, device or interferes with the clear sight visibility area.

v.

Signs painted on, attached to, or maintained upon trees, rocks, or other natural features, are prohibited.

vi.

Banners. Banners are prohibited except in one or more of the following circumstances. Exceptions:

a.

Non-commercial banners suspended entirely over private property.

b.

Banners that are attached securely to the wall of a building on all four (4) corners shall be considered and regulated as wall signs.

vii.

Portable signs are prohibited.

viii.

Roof signs are prohibited.

ix.

Audio components. Signs that produce or utilize sound are prohibited with the exception of sound speakers that are components of drive-thru signs and that are components of gasoline pump islands are prohibited.

x.

Off-premises signs prohibited in any location not expressly permitted. This limitation does not apply to the content of noncommercial messages.

F.

Computations. The area of a sign face of a freestanding sign is computed by means of the smallest rectangle that encompasses the message area.

i.

Computation of area of signs on landscape walls or fences. If the sign is located on a fence or landscape wall, which is in compliance, only the area of the actual sign itself shall be calculated in determining the maximum sign area, not the fence or landscape wall itself.

ii.

Computation of area of canopy signs. On canopies, the computation of the sign copy area shall be limited only to the area of the canopy plane that contains the graphics or sign.

iii.

Computation of area of multi-sided signs. multi-sided signs shall be computed by the measurement of one of the sign faces provided that the faces are back-to-back or no greater than 15 degrees or 42 in. apart, whichever is greater.

iv.

Computation of area of building signs. The sign area for building signs shall be computed by adding together the sign area of each sign face measured individually.

v.

Exceptions to number and area computations.

a.

Address. The area of the sign devoted to the site or building's street number required to comply with ordinance is not included in the calculation of the sign area.

b.

Heritage signs. The area of a designated heritage sign is not counted toward the total primary and secondary sign area permitted. If the heritage sign is an existing freestanding sign, the sign is considered one of the freestanding signs permitted, however the sign area and height standards may be waived upon designation.

vi.

Computation of height. The height of a sign shall be computed as the distance from the base of the sign or sign structure at grade level to the top of the highest attached component of the sign structure.

A.

Maintenance required, maintenance of signs. All signs and sign structures including all supports, braces, guys, and anchors, shall be kept in good repair, and maintained in a safe and legible condition at all times, including the replacement of defective or damaged parts, painting, repainting, cleaning, and other services required for maintenance of the signs. Unmaintained signs shall be removed or brought into compliance immediately upon written notice.

B.

Maintenance and restoration of legally established nonconforming signs and sign structures.

i.

Safety, maintenance and repair. Nothing in this article shall relieve the owner or user of a legal nonconforming sign, or owner of the property on which the legal nonconforming sign is located, from any provisions regarding safety, maintenance, and repair of signs.

ii.

Any legally established nonconforming sign shall be permitted to be maintained without alteration in size or location or change in materials. Maintenance of such signs shall not include:

iii.

Any changes made to the size, height, or bulk of the sign.

iv.

Temporary or permanent removal of the sign.

v.

Any abandoned sign and its sign structure shall be removed. However, any heritage sign may remain.

A.

Clearance area requirements.

i.

No sign or sign structure between 2.5 feet and nine (9) feet above the driving surface of the adjacent roadway shall be permitted within the area formed by measuring 25 feet along both curb lines where they intersect and connecting the two points to form a triangle.

ii.

No sign may be located in a way that obstructs or blocks any public right-of-way, sidewalk, walkway, intersection, ingress or egress point, transit stop, pedestrian ramp, parking space, drive aisle, driveway, building entrance, fire escape, or accessibility ramp.

iii.

Any part of a sign extending over a pedestrian traffic area, walkway or sidewalk shall have a minimum vertical clearance of nine (9) feet above that surface and any part of a sign extending over a vehicle area shall have a minimum vertical clearance of 12 feet above that surface.

iv.

Freestanding signs shall have at least a vertical clearance of 10 feet from any overhead power line.

B.

Signs generally prohibited in the right-of-way. No sign shall be located, used, or maintained on or over public property or public right-of-way, except as specifically authorized by this chapter and, if applicable, any requisite encroachment license. No sign may be installed, used, or maintained on or over a drainage or utility easement, except as specifically authorized by the entity granted the easement.

C.

Construction of signs.

i.

Safety. All electrical fixtures, devices, circuits, conduits, raceways, or any apparatus used to illuminate any sign shall be installed and maintained in compliance with current electrical and fire codes with the NFPA 70. A listing label from a nationally recognized testing laboratory, such as UL, shall be provided for any sign with electrical components.

ii.

Durability. Materials for signs shall be durable and capable of withstanding weathering over the life of the sign with reasonable maintenance. Glass forming any part of a sign, except for exposed lamps, shall be safety glass.

iii.

Watertight. All signs attached to a building shall be installed and maintained so that wall penetrations are watertight and do not exceed allowable stresses of supporting materials. When a building-mounted sign is removed, the wall shall be repaired and restored to its original condition prior to sign installation.

iv.

Prevent nesting. All signs and their supporting structures shall be enclosed to prevent inhabitation by birds, rodents, insects, and other wildlife.

v.

Raceways and transformers. If a raceway is necessary, it shall not extend in width or height beyond the area of the sign. A raceway shall be finished to match the background surface to which it is attached or integrated into the overall design of the sign. Conduits and other electrical components shall be designed as an integral part of the overall sign structure and hidden from view to the extent technically feasible. Visible transformers are prohibited.

vi.

Natural features prohibited. No signs shall be permitted to be painted on, attached to, or maintained upon trees, rock outcroppings, or other natural features.

vii.

Number of faces permitted on a freestanding sign structure. Unless specifically restricted by these sign regulations, a sign structure may contain more than one sign face, and may be two- sided or multi-sided, provided all other requirements of these regulations are met.

viii.

Excess sign size square footage. No portion of a maximum size allowance may be transferrable to another sign, another frontage, another façade or between building signs.

A.

Commercial, mixed-use, and manufacturing districts.

i.

Undeveloped lots. On lots that are in any commercial, mixed-use or manufacturing district, which are not improved with a building, one freestanding sign, which is a maximum of 64 sq. ft. in size and 10 ft. in height is allowed along each improved street right-of-way. Upon completion of the construction of a structure the sign must be removed. Said signs shall not be illuminated and shall comply with the definition of maintenance (pertaining to a sign) shall not require permit.

ii.

Primary freestanding signs. On lots that are improved with a legally established and occupied use permanent primary signs indicated in the following table 1 are permitted in accordance with the indicated standards.

Table 1

iii.

Secondary freestanding signs. On lots that are improved with a legally established and occupied use secondary signs indicated in the following table 2 are permitted in accordance with the indicated standards.

Table 2

iv.

Primary building signs. On lots that are improved with a legally established and occupied use permanent primary building signs indicated in the following table 3 are permitted in accordance with the indicated standards.

Table 3

v.

Secondary building signs. On lots that are improved with a legally established and occupied use, permanent secondary building signs indicated in the following table 4 are permitted in accordance with the indicated standards.

Table 4

A.

Undeveloped lots. On lots that are in any residential district, which are not improved with a building, one primary, freestanding sign, which is a maximum of 32 sq. ft. in size and 10 ft. in height is allowed along each improved street right-of-way. Upon completion of the construction of a structure the sign must be removed. Said signs shall not be illuminated and shall comply with the definition of maintenance (pertaining to a sign).

B.

Gateway signs. A permit is required.

C.

Primary freestanding signs. On lots that are improved with a legally established and occupied use, permanent primary signs indicated in the following table 5 are permitted in accordance with the indicated standards.

Table 5

A.

The purpose of the planned unit development district includes promoting flexibility and incentives for residential, non-residential, and mixed-use development including the creation of a planning document governing the development standards.

B.

Planned unit development district submissions shall include a sign program, identifying permitted signs and development standards, or a reference to the section of the sign ordinance that should be applied for compliance of any proposed signage.

C.

All development shall be in conformity with the approved detailed planned unit development and any material deviations from the approved detailed planned unit development shall be subject to appropriate enforcement action.

A.

Illumination. Any illumination of a sign shall comply with the following additional regulations.

i.

All externally illuminated signs that emit more than 900 lumens shall meet the exterior lighting standards.

ii.

External light sources or lamps shall be concealed or shielded so that the light emitting element is not visible from any property line to minimize the potential for glare and unnecessary diffusion on adjacent property.

iii.

Efficiency. All exterior light sources shall produce at least 80 lumens per watt of energy consumed, as documented by manufacturer's specifications or the results of an independent testing laboratory.

iv.

The fixtures of an externally illuminated sign shall be within 12 feet of a sign face.

v.

Any light source on the underside or bottom of a pump island canopy shall be fully recessed into the canopy and shall not protrude downward beyond the lowest edge.

vi.

The lighting of a sign shall not be directed at any vehicle travelling on a street or any pedestrian on sidewalk.

vii.

No sign that uses an intermittent or flashing light source to attract attention shall be permitted or maintained. Permitted digital signs operated in accordance with the standards established are not considered flashing or animated.

B.

Canopy sign regulations. Canopies on which signs are placed shall comply with the following additional regulations.

Maximum size of sign copy permitted on any canopy shall not exceed 45% of the area of the canopy plane on which it is placed.

i.

Maximum projection of any canopy without support columns shall be six feet from the supporting wall.

ii.

Maximum distance from the top to the bottom of any canopy shall be nine (9) feet, including any valance.

iii.

No canopy may extend to a point closer than two feet from any street curb or edge of an interior access drive.

iv.

If located over a sidewalk, no outer support columns shall be located in or obstruct the continuous, effective walkway along the public street, and the effective walkway width shall be a minimum five feet in all other districts.

C. Digital display regulations. Any digital display shall comply with the following additional regulations.

i.

In no instance shall digitally display signs be permitted in a federally or locally designated historic district or within 600 feet of the boundary of a federally or locally designated historic district or historic site.

ii.

Digital displays shall only display static messages and shall not have movement or the appearance of or the optical illusion of movement during any part of the display. No static message shall include flashing or the varying of light intensity and the message shall not scroll.

iii.

Message change shall be completed in one second or less. All transition effects are prohibited. The digital display shall not flash, nor appear to move or be animated.

iv.

Each static message on any digital display shall be displayed for a minimum of 10 seconds.

v.

Any digital display shall be operated with systems and monitoring in place to either turn the display off or show "full black" on the display in the event of a malfunction.

vi.

Each digital display shall have an operational light sensing device that adjusts the brightness as ambient light conditions change.

vii.

The brightness level for any digital display shall not operate over 464-foot candles during daytime operation.

viii.

The brightness level for any digital display shall be calibrated for less than 0.30-foot candles above ambient light levels, as measured at 250 feet, but in no instance shall the light level, measured at any right-of-way, exceed 2.0-foot candles.

ix.

Light intensity of the digital display shall not cause glare.

D.

Use-specific sign standards automobile fueling station signs. When an automobile fueling station is allowed and developed, the following signs, in addition to the signs permitted by the district, are permitted subject to the following standards.

i.

Pump island canopy signs. In addition to the signs permitted by the district, one sign per side of any freestanding canopy is permitted and shall not exceed 25% of the façade of the canopy on which it is located. This calculation shall not include the undeveloped area beneath the pump island canopy. Permits are required.

ii.

Public safety information and signs required by state and federal laws are allowed and may be placed under the canopy or next to the appropriate emergency safety areas. Permits are not required.

iii.

Fuel pump signage is allowed. Maximum size is limited to six (6) square feet. Permits are not required.

iv.

Signs may be internally illuminated or have LED components.

E.

Drive-thru signs.

i.

Drive-thru board—One (1) freestanding drive-thru sign per drive-thru lane with a maximum

ii.

Canopy over stacking lane(s). One sign is permitted on one side of any canopy erected over each stacking lane sign area not to exceed 25% of canopy. Signs may be internally illuminated or have LED components.

A.

Historic/heritage signs. A painted wall sign that remains from an earlier time or advertises the use of a building that provides evidence of the history of the use of the building or activities of the community.

i.

Ghost sign.

a.

Ghost signs are considered wall signs and are not off-premises signs.

b.

Ghost signs existing at the effective date of this ordinance are exempt from these requirements and are considered conforming.

c.

Ghost signs need approval to repaint/restore.

ii.

Heritage signs.

a.

An existing sign having historical significance, and which advertises an establishment or product in existence or no longer in existence or a product offered or no longer being offered on the site, may be designated a heritage sign. An exact replica of an original sign attached to a building that would have been at least 50 years old may be designated a heritage sign. There are three (3) types of heritage signs: (1) Retaining,(2) Restoring, (3) Replica.

b.

In accordance with the designation, a heritage sign may be maintained, repaired, reconstructed, or relocated, so long as no added items of information, sign features, or sign area are added to the sign. In accordance with the designation, a replica of a building sign previously located on the site at least 50 years ago may be considered a heritage sign, except a billboard.

c.

Heritage signs are not considered nonconforming signs.

d.

Heritage sign may not be a billboard.

e.

The area of a heritage sign is not counted toward the total primary and secondary sign area permitted. If the heritage sign is an existing freestanding sign, the sign is considered one of the freestanding signs permitted, however the sign area and height standards may be waived upon designation.

f.

Designation. In order for a sign to be designated a heritage sign, the executive director shall make written findings that the sign is at least 50 years old, or is an exact replica of an original sign previously located on the site at least 50 years ago, and meets at least one of the following criteria:

i.

The sign has historic character, interest, or value as part of the development, heritage, or cultural characteristics off Hamilton County or the surrounding area or the building to which it is attached.

ii.

The sign is significant as evidence of the history of the product, business, or service advertised.

iii.

The sign embodies elements of design, construction, detailing, materials, or craftsmanship that make it significant or innovative.

iv.

The sign has a unique location or contains singular physical characteristics that make it an established or familiar visual feature within Hamilton County or the surrounding area; or the sign is identified as having historic significance.

g.

The executive director may impose additional requirements or conditions upon the designation pertaining to the construction, restoration, shape, size, placement, and method of maintenance of any heritage sign.

B.

Banners on light, utility or free-standing poles. If allowed banner signs on light, utility or freestanding poles are subject to the following regulations.

i.

In mixed-use districts, banner signs may be located on a light, utility, or freestanding pole in the right-of-way provided the banner signs are at least 10 feet from any overhead power lines and upon authorization and issuance of the applicable encroachment or right-of-way permit.

ii.

In all other districts, banner signs on light, utility or freestanding poles shall be at least 10 feet from any street right-of-way and any overhead power lines.

iii.

No more than two banner signs may be placed upon one light utility or freestanding pole.

iv.

Banner signs and sign hardware shall:

a.

Be mounted on a light, utility, or freestanding pole structurally capable of accommodating the banners and hardware.

b.

Be at least 12 feet above grade, unless it overhangs an interior access drive or right-of-way, in which case it shall be at least 15 feet above grade.

c.

Be made out of weather-resistant and rust-proof material.

d.

Not project more than three feet from the pole onto which it is mounted.

e.

No banner sign may exceed 18 square feet in size

v.

Executive director's approval is required. The executive director's decision to grant or withhold approval under this section is governed by the applicable criteria in this chapter.

vi.

Providing the provisions of this section and all other requirements of the ordinance are met, a one-time permit for the banner attachment hardware is required, if within a right of way, and an agreement to attach for any municipal owned utility pole(s).

A.

Banner signs. Shall be permitted in addition to permitted primary and secondary building signs in commercial, mixed-use, special use and manufacturing districts, subject to the following standards:

i.

Shall not be located in any right-of-way.

ii.

Shall be securely attached at all corners and along all sides.

iii.

Shall be securely fastened to withstand displacement by the wind. Signs that have been displaced by the wind or located in the right-of-way are subject to immediate removal.

iv.

Shall not block any sidewalk, walkway, pedestrian ramp, or any driveway.

v.

Subject to all requirements of any secondary zoning district or overlay district that may apply.

vi.

Shall not be higher than 2.5 feet above grade level of any sidewalk if located in the clear sight visibility area.

vii.

Shall not be illuminated and may not be a digital sign.

viii.

Maximum size shall not exceed 32 square feet.

ix.

Maximum height of 6ft.

x.

Maximum one (1) banner sign per use.

xi.

Maximum duration shall not exceed a 10-day period.

xii.

Maximum frequency shall not exceed three (3) times a calendar year; and

xiii.

Permits are required.

B.

Street banners. Shall be permitted in addition to permitted primary and secondary signs, subject to the following standards:

i.

Shall be securely attached at all corners.

ii.

Shall not be illuminated and may not be a digital sign.

iii.

Maximum one street banner per thoroughfare.

iv.

Maximum duration shall not exceed a 30-day period.

v.

Maximum frequency shall not exceed three (3) times a calendar year.

vi.

Permits are required; and

vii.

Issuance of the applicable encroachment or right-of-way permit is required.

C.

Pedestrian sign regulations. If allowed, pedestrian signs shall comply with the following additional regulations:

i.

Shall be within 20 feet of a pedestrian entrance.

ii.

Shall only be displayed during business or operating hour.

iii.

Maximum eight (8) square feet in size. See A-Frame and T-Frame definitions.

iv.

Maximum height five (5) feet.

v.

Maximum one (1) sign per use.

vi.

Shall not be located in any designated parking area or parking space, street, or pedestrian ramp or within the clear visibility area, as defined.

vii.

If located on a walkway, shall maintain a minimum clear walkway width of five (5) feet.

viii.

Must be weighted or anchored to prevent the wind from moving the sign; and

ix.

No permit is required.

D.

Signs on construction sites or construction barricades. When a site is being developed or redeveloped as authorized by a valid permit, one sign per frontage may be freestanding, or located or placed upon any necessary construction barricades while a site is under construction or significant renovation in addition to any signs or displays required by law or ordinance.

If permitted, signs on construction sites and signs on construction barricades are subject to the following standards.

i.

May fully cover the construction barricade.

ii.

Does not horizontally project from the surface of the barricade.

iii.

Securely attached at all corners and along all sides.

iv.

Maximum height eight feet. No illumination is permitted; and

v.

No permit is required.

A.

General regulations. The following regulations shall pertain to off-premises signs (also known as outdoor advertising signs) in all districts where permitted.

i.

Proportional regulations. The size of an outdoor advertising sign on a lot shall not exceed the size specified in table 6.

Table 6

ii.

Extensions. Elements of an outdoor advertising sign may be permitted to extend beyond the horizontal or vertical sign edge. The maximum length of an extension shall not be greater than four feet beyond the top edge of the sign and one foot along all other sign edges. The maximum width of an extension shall not be greater than 45% of the linear length of the horizontal or vertical dimension of the outdoor advertising sign (See table 7).

Table 7

iii.

Outdoor advertising sign size. The face of an outdoor advertising sign shall not be greater than 14 feet in vertical dimension nor greater than 50 feet in horizontal dimension, except where specifically regulated and shall not contain more than 2 advertising signs per facing.

iv.

Flashing, intermittent or moving lights. No advertising sign shall be permitted which contains, includes, or is illuminated by a flashing, intermittent or moving light or lights.

v.

Animation. No advertising sign shall be permitted which has animated or moving images.

vi.

Advertising sign. Advertising sign faces consisting of three or less panels that rotate to present a single fixed display at a time, commonly known as tri-vision signs, are permitted, provided that the rotation of one display to another is no more frequent than every 15 seconds.

vii.

Video, LED, (light emitting diode), LCD (liquid crystal display) or electrically powered. No advertising sign shall be permitted which displays video or emitting graphics.

viii.

Distance between outdoor advertising signs. Except as otherwise provided for signs in the protected areas along highways, and freeways, the minimum distance between outdoor advertising signs shall be as specified below.

ix.

Radial spacing between outdoor advertising signs. In no event shall any point of an outdoor advertising sign or sign structure be closer than 1,000 feet from any point of any other outdoor advertising sign or sign structure.

x.

Outdoor advertising signs. In no event shall any point of an outdoor advertising sign be closer than 300 feet from the following uses: residential, parks, church, school.

xi.

Roof top outdoor advertising signs. Roof top outdoor advertising signs shall not be permitted in any zoning district.

xii.

Advertising sign on or appurtenant to buildings. Advertising signs shall not be located on, above or below any portion of primary buildings.

xiii.

Outdoor advertising sign setback. Signs or sign structures shall be set back in accordance with the building setback lines required by the applicable zoning district. Advertising signs shall not be eligible for setback averaging exceptions. (See table 8 below).

Table 8

xiv.

Maximum and minimum height of outdoor advertising signs and sign structures.

a.

The maximum height of signs and sign structures shall not exceed 40 feet above grade level at the base of such sign or sign structure.

b.

No outdoor advertising sign or sign structure (except for the supports, building, structure, or column) shall be at its lowest point less than 9 feet above grade level. Ground signs, where permitted, shall not exceed 4 feet in height above grade level.

xv.

Construction of outdoor advertising signs. The supports, uprights, bracing and framework of an outdoor advertising sign shall be of steel construction.

xvi.

Districts permitted and allowable square footage. (Refer to table 9 below)

Table 9

xvii.

Signs on freeways. All signs within 660 feet of the right-of-way of freeways, as shown on the thoroughfare plan shall comply with the requirements of this section in addition to all other provisions of this article.

xviii.

General provisions. No off-premises signs shall be permitted to be erected or maintained in any manner inconsistent with the following:

a.

Flashing, intermittent or moving lights. No sign shall be permitted which contains, includes, or is illuminated by a flashing, intermittent or moving light or lights.

b.

Animation. No sign shall be permitted which moves or has any animated or moving parts.

c.

Rotating, louvered (vertical and or horizontally), moving or other elements. Advertising signs with rotating, louvered (vertical and/or horizontally), moving parts or elements shall not be permitted.

d.

Video, LED (light emitting diode), LCD (liquid crystal display) or electrically powered.

e.

No sign shall be permitted which displays video or emitting graphics.

xix.

Measurement of distance.

a.

The distance from the edge of a right-of-way shall be measured horizontally along a line normal or perpendicular to the centerline of the freeway.

b.

All dimensions parallel to the alignment of the freeway shall be measured along the centerline of the freeway between two vertical planes which are normal or perpendicular to and intersect the centerline of the freeway, and which pass through the termini of the measured distance.

A.

Off-premises signs within informational sites. If the Indiana Department of Transportation (IDOT) constructs an informational site, on the freeway system in the county, control over off-premises signs within such site shall be the responsibility of that department.

B.

Off-premises signs outside of informational sites.

C.

The erection or maintenance of the following signs shall be permitted within protected areas outside of informational sites: off-premises signs which are located within 660 feet of a freeway, as herein defined.

D.

The erection or maintenance of off-premises signs permitted shall not be permitted in any manner inconsistent with the following:

i.

Sign spacing. Subject to the other provisions of this section, within protected areas adjacent to freeway rights-of-way, no part of any off-premises sign structure shall be located within 1,500 feet of any other off-premises sign structure located adjacent to said freeway. Said 1,500 feet distance shall be measured linearly along the centerline of the freeway.

ii.

Maximum sign dimensions. The maximum size of any sign shall not exceed 14 feet in vertical dimension and 48 feet in horizontal dimension, plus extensions as defined.

E.

Sign setback. Signs shall not be located closer than 60 feet to the right-of-way of the freeway.

F.

Sign clearance. Signs shall not be less than nine feet above grade level at the lowest point, except for the supporting structure.

G.

Maximum sign height. The maximum height of signs and sign structures shall not exceed 40 feet above grade level at the base of such sign structure.

H.

Entrance or exit roadway limitation. Signs shall not be permitted in protected areas adjacent to any freeway right-of-way upon any part of the width of which is constructed an entrance or exit roadway. No sign shall be permitted within 500 feet from the point of intersection between the traveled way of such entrance or exit roadway and the main traveled way of the freeway. Said 500 feet distance shall be measured to the nearest point of the intersection of the traveled way of the entrance or exit roadway and the main-traveled way of the freeway.