Signs, §§ 24-551—24-570
There is a significant relationship between the standards used in displaying signs and public safety, and the value and economic stability of adjoining property. The reasonable display of signs is necessary as a public service and necessary to the conduct of competitive commerce and industry. The regulations of this article establish minimum standards for the display of signs in direct relationship to the functional use of property and to the intensity of development permitted within the zoning districts which are provided in this zoning chapter, in order to provide, preserve and enhance a visually favorable environment for residents and businesses.
(a) Design. Every sign shall be designed as an integral architectural element of the building and site to which it principally relates.
(b) Colors, materials and lighting. The colors, materials and lighting of every sign shall be restrained and harmonious with the building and site to which it principally relates. Any illumination shall be by way of internal lighting and shall not cause any distraction or hazard in any zoning district.
(c) Landscape and design. Every sign must have landscaping and design features to present an attractive appearance that is in harmony with existing signs and design features of the site.
(d) Review and approval. All new residential subdivisions, commercial, and industrial entry signs require the approval of the Plan Commission at the time of primary plat approval.
(a) Permits required. No person shall erect, alter, or relocate within the Town any permanent or temporary sign without first obtaining a sign permit from the building commissioner and making payment of the required fee. Permanent signs and sign face changes shall require approval of the building commissioner prior to a permit being issued. Any lawfully erected sign that conforms to the requirements of this article may not be removed and then replaced with an exact copy of the sign without first obtaining a building permit.
(1) No permit is required for nonstructural repairs for lawfully erected signs that do not conform to the requirements of this article.
(2) A sign permit and building commissioner approval is required for structural repairs for lawfully erected signs that do not conform to the requirements of this article and the sign must be brought into compliance with this article.
(3) All sign permits issued by the building commissioner shall expire within one year of the date of issuance and if the sign has not been completed by such time, a new sign permit is required.
(4) Sign permit fees are set forth in town schedule of fees.
(b) License required. No person shall erect, alter, or relocate within the Town, any permanent or temporary sign without first obtaining a contractor's license from the Building and Planning department and making payment of the required fee.
(c) Signs with multiple surfaces. In the case of a sign with multiple surfaces, the gross surface area shall be the square foot area of the largest single side of the sign.
(d) Unsafe or obsolete signs.
(1) Unsafe signs. If any sign is found to be unsafe or unsecured or is a menace to the public, the building commissioner shall give written notice to the owner of the sign. If the owner fails to remove or alter the sign so as to comply with the notice and with the standards set forth herein within ten (10) days after such notice, such sign shall be removed or altered to comply by the building commissioner at the expense of the owner of the property upon which the sign is located. The building commissioner may cause any sign that is an immediate danger to persons or property to be removed summarily and without notice.
(2) Obsolete signs. Any obsolete sign that does not advertise an existing business or a product, including the poles, posts, pylons, pipes, or frames to which it is affixed, shall be taken down and removed by the owner within thirty (30) days after written notice from the building commissioner. If such sign is covered, it may remain covered for a period of time not to exceed six (6) months. Upon failure to comply with such notice within the time specified, the building commissioner shall cause removal or coverage of such sign, including the poles, posts, pylons, pipes, or frames to which it is affixed, and any expense incidental thereto shall be paid by the owner of the property to which such sign is attached.
(3) Lien. In the event the building commissioner shall cause removal or coverage of any sign, including the poles, posts, pylons, pipes, or frames to which it is affixed, under subsection (a) or (b) of this section, a notice of lien of the cost and expense thereof incurred by this Town may be filed with the county recorder's office. Upon payment of the cost and expense after notice of lien has been filed, the lien shall be released by this Town, and the release shall be filed of record in the same manner as filing the notice of lien.
(e) Exemptions. The following signs are exempt from all requirements, except the safety regulations, of this article:
(1) Memorial signs and tablets displayed on private property, or the building names and/or dates of erection into any masonry surface, not exceeding two (2) square feet in area;
(2) Address numerals and signs not exceeding two (2) square feet in area, which may bear the names of occupants of the premises; government flags and insignia;
(3) Legal notices;
(4) A traffic control or information sign used by the municipal Police Department;
(5) All municipal signs or signs erected or installed by the Town;
(6) ATM and vending machines;
(7) Lettering, logos, and signage on vehicles and trailers, provided that the primary purpose is not advertising; and
(8) Any temporary window sign shall be exempt only from the permit and fee requirements, but all other applicable provisions shall remain in full force and effect.
(f) Sign appearance. The owner or operator of any sign or other advertising structure shall maintain all exposed parts and supports frequently enough to maintain an attractive appearance. All signs and other advertising structures and their supports shall be secured to remain upright, plumb, and level.
(g) Mansard signs. Signs may be erected on the plane of a mansard-style roof or mansard wall facing, provided the angle of such mansard roof or wall facing is constructed at an angle of not less than seventy (70) degrees from the horizontal plane.
(h) Wall signs. Signs on awnings, fascias, marquees, and canopies shall be considered wall signs under the terms of this article and are subject to the regulations for wall signs.
(i) Prohibited signs. The following signs are prohibited:
(1) Signs blocking any required access way;
(2) Signs installed in the public right-of-way, including, but not limited to, attached to a tree or utility pole;
(3) Illumination used to make a sign visible that results in a traffic hazard;
(4) Flashing signs or flashing advertising structure;
(5) Any sign or advertising structure using the words "stop," "go," "look," "slow," or "danger" or any similar word, phrase, symbol or character, unless part of a business name and not dangerous to traffic;
(6) Any sign or advertising structure that obstructs traffic vision;
(7) Wind-actuated signs, except as permitted in section 24-557;
(8) Plywood signs, except as permitted in section 24-557;
(9) Off-site signs, unless a developmental variance is obtained from the Town;
(10) Portable reader-board signs, except where exempted.
(11) Roof signs in all zoning districts;
(12) Moving signs;
(13) Signs displaying obscene or illegal matter;
(14) Signs on fences, utility poles, street lights, or trees;
(15) Signs which resemble, or are confusingly similar to any official marker erected by the Town, State, or any other governmental unit or agency, or which by reason of position, shape or color would confuse or conflict with the proper functioning of any traffic sign or signal;
(16) Signs on any property without the consent of the party having the right of present possession; and
(17) Bench signs.
(j) Notification and penalties. Any owner or operator of a sign or other advertising structure who violates any section of this article shall receive written notice of the violation from the building commissioner. The notice shall include a description of the violation, the corrective action required, the penalty for the violation, and shall allow thirty (30) days from the date of the notice for correction of the violation. If the violation is not corrected within thirty (30) days of the date of the notice, the owner or operator of the sign or other advertising structure shall receive a notice to appear in court, and shall be subject to a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), for each day the violation continues after the deadline for compliance.
(k) Variances and appeals.
(1) Any property owner affected by the strict application of this article may request a developmental variance from the Board of Zoning Appeals, which has jurisdiction to approve or deny variances from developmental and technical standards.
(2) Any affected property owner may appeal any decision of an administrative official, staff member, or building commissioner under this article, or the denial by any such official of the approval of a sign permit to the zoning appeals pursuant to the provisions of this zoning chapter, the rules and regulations of the Board of Zoning Appeals and pursuant to state statute (IC 36-7-4-918.1). Any appeal filed with the Board of Zoning Appeals must specify the grounds of the appeal and must be filed with ten (10) days from the date of the action being appealed.
(l) Zoning districts. For purposes of this article, residential districts includes R-1, RC-1, R-2, RC-2 R-3, OS and FP zoning districts. Commercial and industrial districts include C-1, C-2, C-3, C-4, I, BP, TC, PB, U.S. 41 overlay and Route 231 overlay zoning districts.
(a) Residential districts provisions. In all residential districts, the following signs are permitted, subject to the requirements set forth in this article.
(b) Signs for dwellings.
(1) House number signs shall be required for all premises. All residential dwellings shall have the dwelling address attached to or mounted at the front of the dwelling. The numbers shall be at least four (4) inches in height and colored so that they can be read from the street.
(2) Nameplates and identification signs. There may be only one nameplate, not exceeding two (2) square foot in area, for each dwelling unit indicating the name and address of the occupant.
(3) Non-illuminated construction sign. In connection with the construction or remodeling of a building, there shall be permitted one sign not exceeding ten (10) square feet in area on a lot and the sign shall be removed within one week after the completion of the structure indicated.
(4) Height. The following height and setback requirements shall apply in all residential zoning districts: the height of any sign or support structure shall not exceed six (6) feet and cannot be closer than ten (10) feet from the property line or five (5) feet from the street right-of-way
(5) Projection. No sign shall project beyond the property line.
(6) Signs announcing a private garage, basement, or yard sale of property owned by the property owner on whose property the sale is to be conducted. The maximum display area shall not exceed four (4) square feet. Any such sign shall be removed on the last day of the sale.
(c) Residential development advertising signs.
(1) If an advertising sign is erected in connection with a development as a whole or a combination of two (2) or more lots, said sign shall be removed upon the issuance of a building permit for ninety-five (95) percent of the lots in the development. The owner or developer shall have thirty (30) days to remove the sign upon notice from the Town.
(2) A sign in this category shall not exceed twenty (20) square feet per side.
(3) Height and construction standards shall conform to the restrictions of the zoning district in which the sign is located.
(d) "For Sale," "For Rent" or "Sold" signs. "For Sale", "For Rent" and "Sold" signs are subject to the following:
(1) Area and number. There shall be not more than one nonilluminated sign per zoning lot, the sign shall not exceed four (4) square feet in area, and the sign shall be located at least ten (10) feet from adjacent lots.
(2) Height. No sign height shall exceed six (6) feet above the curb height of the property.
(3) Projection. No sign shall project beyond the property line.
(e) Business signs for home occupation. Business signs for a home occupation are prohibited in residential districts.
(f) Church bulletins and signs. Church bulletins and signs for public or quasi-public buildings are subject to the following:
(1) Area and number. There shall be not more than one sign per zoning lot, the sign shall not exceed twelve (12) square feet in area, and the sign shall be located at least ten (10) feet from adjacent lots.
(2) Height. No sign height shall exceed six (6) feet above curb level.
(3) Projection. No sign shall project beyond the property line.
(4) Official signs. Official signs, such as traffic control, parking restrictions, information and notices, shall not exceeding eight (8) square feet of display area.
(a) District provisions. In all commercial and industrial districts, the following signs are permitted, subject to the requirements set forth in this article.
(b) Permitted signs and restrictions.
(1) All signs and nameplates permitted in residential districts.
(2) Business signs, as regulated by this article.
(3) Signs on marquees, canopies, and awnings, subject to the following:
a. Marquees and canopies. No sign shall extend vertically or horizontally beyond the limits of the marquee or canopy. Marquees and canopies shall have headroom of not less than eight (8) feet. One sign per entrance, which shall not exceed six (6) square feet per sign.
b. Awnings. Any sign located on an awning shall be affixed flat to the awning surface, shall be nonilluminated and nonflashing, and shall indicate only the name and/or address of the establishment on the premises. Further, no such sign shall extend vertically or horizontally beyond the limits of the awning. Awnings shall have headroom clearance of not less than eight (8) feet. Signs located on awnings shall not cover more than twenty-five (25) percent of the awning.
(4) Directional signs. One each for the principal and secondary accesses to the zoning lot and a maximum of two (2) square feet for each sign.
(5) Window signs, painted, posted, or displayed by any other means in a window may not occupy more than twenty-five (25) percent of the gross window area, nor more than fifty (50) percent of an individual window area, when combined with temporary window signs. The area of permanent window signs shall be included in the calculations of the total area of permanent signs permitted on the zoning lot.
(6) Flowing information signs. Electric signs giving the time and/or temperature are permitted subject to all other requirements of this article. This type of sign must be incorporated into the primary sign, notwithstanding the restrictions of the zoning district.
(7) Temporary signs are regulated by section 24-558.
(8) Billboards. A billboard shall not be permitted within six hundred (600) feet of a residential district, street intersection, or railroad crossing. There shall be a minimum of one thousand five hundred (1,500) feet between billboards on the same side of a street or highway, and billboards shall not be closer than twenty (20) feet to a dedicated right-of-way, nor closer than ten (10) feet from the side or rear property line. A billboard shall not be permitted within four hundred (400) feet of an existing building. It shall not contain advertising space in excess of three hundred (300) square feet of display area per side. It shall not exceed twenty-five (25) feet in height above road grade, shall not exceed twenty-five (25) feet in width, and shall have a minimum ground clearance of ten (10) feet and must be supported by a single steel pole. A billboard may be permitted in a C-2 zoning district and industrial zoning districts by special exception only. The billboard permit, once issued, shall be subject to annual renewal upon payment of the permit fee and review by the building commissioner for continued compliance with this article.
(c) Commercial development advertising signs.
(1) If an advertising sign is erected in connection with a development as a whole or in combination with a development of two (2) or more lots, said sign shall be removed upon the sale, renting, or leasing of ninety-five (95) percent of the development space. The owner/developer shall have thirty (30) days to remove the sign upon notice from the Town.
(2) A sign in this category shall not exceed fifty (50) square feet per side.
(3) Height and construction standards shall conform to the restrictions of the zoning district in which the sign is located.
(d) Commercial center identification signs. Each commercial center consisting of four (4) or more retail business uses which occupy separate spaces within a multi-activity building or group of buildings comprising an integrated commercial center may have one such sign identifying the uses subject to the following:
(1) The sign must be a ground sign;
(2) The sign will not apply against other sign area restrictions;
(3) The sign area is limited to fifty (50) square feet per side; and
(4) The height of the sign shall not exceed the predominant height of the building to which it relates or ten (10) feet above the curb level, whichever is lower.
(e) Area, location, and height requirements. In all commercial districts, the permitted signs are subject to the following:
(1) Area.
a. Total. The gross combined area of all permanent ground, wall and window signs on a zoning lot shall not exceed one hundred (100) square feet.
b. Ground and monument signs. The area of permanent ground signs shall not exceed thirty (30) square feet per zoning lot.
c. Wall signs and permanent window signs. The area, in square feet, of a permanent wall sign, combined with permanent window signs, shall not exceed the lineal feet of frontage of a business.
d. Exception. Each business shall be entitled to a maximum area of fifty (50) square feet for permanent wall signs combined with permanent window signs, provided that each single tenant shall be allowed a maximum of thirty (30) square feet of such signage. The maximum of fifty (50) square feet shall apply to a multiple tenant business.
(2) Number of signs.
a. Total. Each business shall be permitted a maximum of two (2) permanent signs, not including permanent window signs.
b. Ground and monument signs. Only one permanent ground sign shall be permitted on a zoning lot.
c. Wall signs. Each business shall be permitted a maximum of two (2) wall signs, with no more than one sign per wall. If there are two wall signs, no ground sign shall be permitted.
d. Multiple tenant buildings. In multiple tenant buildings, one wall sign shall be permitted for each business or professional use and only affixed on the first story of the building.
(3) Location of signs. All signs shall be located entirely within the zoning lot of the business to which it applies. All signs shall front either the principal street, parking street, a parking area, or the side street in the case of corner buildings.
(4) Projection. Signs may project two (2) feet from the face of the building but shall not project into the public way, and the bottom of such signs shall not be less than eight (8) feet above the finished grade of the sidewalk.
(5) Height. No sign shall project higher than ten (10) feet above the curb level, or above the roof, or shall exceed the height of the principal building to which it relates, whichever is lower. No sign projecting or suspended from a building shall exceed twelve (12) feet in vertical dimension and its location and arrangement shall be subject to approval by the building commissioner.
(f) Content required. Identification. The name and/or identification logo/trademark of a business shall be placed on all permanent signs.
(a) Public building district provisions. In the public building district, the following signs are permitted, subject to the requirements set forth in this article.
(b) Permitted signs and restrictions.
(1) All signs and nameplates permitted in residential districts and commercial and industrial districts, subject to the restrictions set forth in sections 24-554 and 24-555.
(2) Temporary signs, as regulated by 24-557.
(c) Permanent reader-board signs. Buildings in the public building district may be permitted to have a permanent reader-board sign, subject to the following:
(1) The sign must be a ground sign;
(2) The sign area for this sign will not apply against other sign area restrictions;
(3) The sign area is limited to thirty-two (32) square feet per side;
(4) The height of the sign shall not exceed: (i) the predominant height of the building to which it relates, or (ii) ten (10) feet above the curb level, whichever is lower;
(5) The reader-board must be enclosed to provide protection from damage. All messages displayed on the reader-board must be kept in good repair at all times; and
(6) The sign must have appropriate landscaping and design features to present an attractive appearance that is in harmony with existing signs and design features of the site.
(d) Area, height, and location requirements. In the public building district, the permitted wall signs are subject to the same requirements provided in section 24-555.
(a) Permitted business signs.
(1) Temporary signs are permitted in commercial or industrial districts subject to compliance with the height and location requirements of permanent business signs.
(2) The total area of a temporary business signs shall not exceed twenty-five (25) percent of the gross area permitted for all signs on the zoning lot up to a maximum of twenty (20) square feet, and if displayed in a window, the temporary signs shall not occupy more than twenty-five (25) percent of the gross window area and shall not occupy more than fifty (50) percent of an individual window area, when combined with permanent window signs.
(3) Each business may display a temporary business sign not more than once per calendar year for thirty (300 days, or twice per calendar year for fifteen (15) days.
(4) A temporary business sign shall not be a projecting sign.
(5) Permits. No temporary business sign, other than a temporary window sign, shall be erected or maintained except pursuant to a permit issued by the building commissioner. The building commissioner shall impose, as a condition of the issuance of a permit for temporary signs, such requirements as to the material, manner of construction, and method of erection of a sign as are reasonably necessary to assure the safety and convenience of the public.
(b) Permitted signs in zoning districts except for commercial and industrial.
(1) Temporary signs and banners in all zoning districts, except for commercial and industrial, shall be permitted subject to the following:
a. Temporary signs with a maximum total area of eight (8) square feet or less are allowed without a permit;
b. Temporary signs with a total area between eight (8) square feet and sixteen (16) square feet are required to obtain a sign permit;
c. Temporary signs shall not exceed eight (8) feet in height or exceed sixteen (16) square feet in total size area;
d. Temporary signs are only allowed with the permission of the property owner; and
e. Temporary signs are prohibited from being attached to a utility pole, trees, and public signs.
(c) Quasi-public signs.
(1) A quasi-public sign may not be erected or maintained more than thirty (30) days prior to the date of which the event advertised is to occur and shall be removed within forty-eight (48) hours after the termination of the event.
(2) A quasi-public sign may be displayed in a window in any zoning district.
(3) Non-projecting wall or ground-type quasi-public signs, having an area not exceeding twenty (20) square feet, may be erected on the zoning lot on which the event advertised is to occur.
(4) No quasi-public sign shall be erected or maintained within any public right-of-way except pursuant to a permit authorized by the Town Manager or building commissioner.
(d) Permitted buntings, banners, pennants, and flags. Incident and accessory to temporary business signs and quasi-public signs, buntings, banners, pennants, and flags may be erected and maintained pursuant to a permit issued by the building commissioner subject to the following provisions:
(1) Buntings, banners, pennants and flags accessory to temporary business signs shall be subject to the following provisions:
a. Shall be permitted in a commercial or industrial districts only in accordance with the same provisions regulating the height and location of permitted business signs;
b. Each business may display a temporary business sign not more than once per calendar year for thirty (30) days or twice per calendar year for fifteen (15) days; and
c. The building commissioner shall impose, as a condition of the issuance of a permit, such requirements as to the material, manner of construction, and method of erection of a sign as are reasonably necessary to assure the safety and convenience of the public.
(2) Buntings, banners, pennants and flags accessory to quasi-public signs shall be subject to the following provisions:
a. Shall not be erected or maintained within any public right-of-way except pursuant to a permit authorized by the Town Manager or building commissioner;
b. May not be erected or maintained more than thirty (30) days prior to the date on which the event advertised is to occur and shall be removed within forty-eight (48) hours after the termination of the event; and
c. The building commissioner shall impose, as a condition of the issuance of a permit, such requirements as to the material, manner of construction, and method of erection of a sign as are reasonably necessary to assure the safety and convenience of the public.
(3) Buntings, banners, pennants and flags shall not be erected or maintained in such a location or manner as may endanger the public safety or interfere with or obstruct pedestrian or vehicular travel or create a traffic safety issue as determined by the building commissioner.
(e) Signs for the sale of motorized vehicles and trailers. In any zoning districts, signs offering any type of motorized vehicle or trailer for sale by anyone other than a dealer licensed by the state of new and/or used vehicles or trailers, are allowed subject to the following:
(1) "For Sale" signs shall be limited to two (2) signs, each a maximum of two (2) square feet in size and must be securely attached to the vehicle or trailer for sale;
(2) A vehicle or trailer, when not in use, with "For Sale" signs attached may only be displayed at the address to which it is currently registered and licensed, or at such other address not to exceed three (3) hours, unless it is the driver's place of employment; and
(3) "For Sale" signs for motorized vehicles or trailers shall not require a permit.
(f) Conditions. When a permit is required for a temporary sign, the building commissioner shall impose as a condition of the issuance, such requirements as to the material, manner of construction and method of erection of a sign as are reasonably necessary to assure the safety and convenience of the public.
(a) General construction standards.
(1) Building and electrical code applicable. All signs erected and maintained in the Town shall consist of noncombustible or approved combustible materials and shall be subject to the requirements of the applicable provisions of the Town building code as well as the provisions of this article. In addition, all illuminated signs shall be subject to the provisions of the Town electrical code including permit fees required thereunder.
(2) Glass requirements. Any glass forming a part of any sign shall be composed of a heavy safety glass with a minimum thickness of one-fourth (¼) inch. Where any single piece or pane of glass has an area exceeding three (3) square feet, it shall be wired safety glass.
(3) Wind pressure and dead load requirements. Any sign including, but not limited to, marquees, awnings or canopies, shall be designed and constructed to withstand a wind pressure of not less than thirty (30) pounds per square foot of net surface area and shall be constructed to receive dead loads as required by the Town building code.
(b) Wall signs.
(1) Every permanent wall sign of solid face construction shall be safely and securely attached to the building wall by means of metal anchors, bolts, or expansion screws of not less than three-eighths (3/8) inch in diameter and securely embedded in the wall. As an alternative method of attaching a wall sign to the building wall, such sign shall rest in, or be bolted to strong, heavy metal brackets or saddles set not over six (6) feet apart, each of which shall be securely fixed to the wall as herein described. In no case shall any wall sign be secured with wire, strips of wood, nails, or other common form of construction standard unless approved by the building commissioner.
(2) No wall sign shall cover wholly or partially any wall opening, or project beyond the ends or top of the wall to which it is attached.
(c) Projecting signs construction.
(1) Every projecting sign, including the frames, braces and supports thereof, shall conform to all construction standards contained herein and shall be approved by the building commissioner as being in compliance with the Town building code and the Town electrical code.
(2) Any moveable part of a projecting sign, such as the cover of a service opening, shall be securely fastened.
(3) Lettering or designs illuminated from the interior shall be composed of noncombustible materials.
(4) The thickness of a projecting sign, measured as the distance between the principal face and opposite face of the sign, shall not exceed twelve (12) inches.
(5) Projecting signs shall not exceed nine (9) square feet and fifty (50) pounds in weight and shall be attached to a sound masonry wall with corrosion resistant expansion bolts of at least three-eights (3/8) inch diameter which shall be securely embedded into the wall.
(d) Ground signs.
(1) Construction.
a. Every ground sign, including the frames, braces, and supports thereof, shall be securely built and shall conform to all construction standards contained herein, and shall be subject to approval by the building commissioner as being in compliance with the Town building code and the Town electrical code.
b. Any movable part of a ground sign, such as the cover or a service opening, shall be securely fastened.
(2) Erection.
a. The members supporting every ground sign shall be set in concrete of strength and weight to securely and permanently support the pole mounted sign in the position in which it is installed.
b. No ground sign shall be located within ten (10) feet of any electric power line, service drops or line conductors, or in any location where the building commissioner finds a reasonable danger that an electric power line would come in contact with the sign.
(e) Temporary signs.
(1) Construction.
a. No temporary sign of combustible material shall exceed four (4) feet in any of its dimensions.
b. Every temporary sign with an area in excess of twenty (20) square feet shall be made of rigid materials.
c. Every temporary sign with a weight in excess of fifty (50) pounds must comply with the safety requirements of the Town building code and be approved by the building commissioner.
(2) Erection.
a. Every temporary sign shall be safely and securely attached to the wall or other stable structure.
b. No temporary wall sign shall extend more than four (4) inches beyond the face of the wall or structure to which it is attached.
c. No inflatable promotional device shall exceed fifteen (15) feet in height, or the height of the principal building to which it relates, whichever is lower. No inflatable promotional device shall be mounted on a roof of a building or structure.
(f) Marquees.
(1) Construction.
a. Every marquee, including the anchors, bolts, supports, rods and braces thereof, shall be built securely, and shall be designed by a structural engineer or registered architect, and shall be approved by the building commissioner as being in compliance with the Town building code and the electrical code.
b. The roof of every marquee shall be properly guttered and connected by downspouts to a storm sewer so that water therefrom will not drip or flow onto public property.
c. No roof or marquee shall be used for any purpose other than to form and constitute a roof.
(2) Erection.
a. Every marquee shall be supported solely by the building to which it is attached and columns and posts are prohibited as a support.
b. The roof of any marquee shall be designed and constructed to support a live load of not less than one hundred (100) pounds per square foot.
c. No marquee shall be erected on any building or other structure of wood frame construction.
d. No part of a marquee shall be less than eight (8) feet above the level of the sidewalk or other public right-of-way over which it projects.
e. No temporary sign shall be attached to or hung from a marquee.
(3) Roof advertising. No advertising material shall be placed upon the roof of any marquee.
(g) Fixed canopies and fixed awnings.
(1) Construction. Every fixed canopy and fixed awning may be constructed of nonferrous material or other such material as approved by the building commissioner, provided, however, that all frames and supports shall be of corrosion-resistant material.
(2) Erection.
a. The framework of all fixed canopies and fixed awnings shall be approved by the building commissioner, and be in compliance with the Town building code.
b. Every fixed canopy and fixed awning shall be constructed and erected so that the lowest portion of the projecting frame thereof shall be not less than eight (8) feet above the sidewalk or other public right-of-way, and the lowest portion of the depending skirt shall not be less than eight (8) feet above the sidewalk or other public right-of-way.
(h) Retractable canopies and awnings.
(1) Construction. Every retractable canopy and retractable awning may be constructed of nonferrous material or other such material as approved by the building commissioner, provided, however, that all frames and supports shall be of corrosion-resistant material.
(2) Erection.
a. The framework of all retractable canopies and retractable awnings shall be approved by the building commissioner and be in compliance with the Town building code.
b. Retractable canopies and retractable awnings shall be securely attached to and supported by the building.
c. Every retractable canopy and retractable awning shall be constructed and erected so that the lowest portion of the projecting frame thereof shall be not less than eight (8) feet above the sidewalk or other public right-of-way, and the lowest portion of the depending skirt shall not be less than eight (8) feet above the sidewalk or other public right-of-way.
d. No retractable canopy or retractable awning shall be within two (2) feet of the curb line.
(a) Nonconforming signs.
(1) All nonconforming signs within the Town shall comply with the requirements of this article when any of the following alterations are made to the nonconforming sign:
a. When the structural face of the sign is changed;
b. When the sign is rebuilt;
c. When the sign is enlarged; and
d. When the sign is relocated.
(2) The following alterations to a nonconforming sign shall not require compliance with this article:
a. The changing of parts and preventative maintenance of signs as long as the same does not constitute a structural change;
b. A face change to a commercial or industrial identification sign if an individual tenant or business owner changes; and
c. Any text, phrase, numerals, and similar changes on permanent reader board sign.
Signs, §§ 24-551—24-570
There is a significant relationship between the standards used in displaying signs and public safety, and the value and economic stability of adjoining property. The reasonable display of signs is necessary as a public service and necessary to the conduct of competitive commerce and industry. The regulations of this article establish minimum standards for the display of signs in direct relationship to the functional use of property and to the intensity of development permitted within the zoning districts which are provided in this zoning chapter, in order to provide, preserve and enhance a visually favorable environment for residents and businesses.
(a) Design. Every sign shall be designed as an integral architectural element of the building and site to which it principally relates.
(b) Colors, materials and lighting. The colors, materials and lighting of every sign shall be restrained and harmonious with the building and site to which it principally relates. Any illumination shall be by way of internal lighting and shall not cause any distraction or hazard in any zoning district.
(c) Landscape and design. Every sign must have landscaping and design features to present an attractive appearance that is in harmony with existing signs and design features of the site.
(d) Review and approval. All new residential subdivisions, commercial, and industrial entry signs require the approval of the Plan Commission at the time of primary plat approval.
(a) Permits required. No person shall erect, alter, or relocate within the Town any permanent or temporary sign without first obtaining a sign permit from the building commissioner and making payment of the required fee. Permanent signs and sign face changes shall require approval of the building commissioner prior to a permit being issued. Any lawfully erected sign that conforms to the requirements of this article may not be removed and then replaced with an exact copy of the sign without first obtaining a building permit.
(1) No permit is required for nonstructural repairs for lawfully erected signs that do not conform to the requirements of this article.
(2) A sign permit and building commissioner approval is required for structural repairs for lawfully erected signs that do not conform to the requirements of this article and the sign must be brought into compliance with this article.
(3) All sign permits issued by the building commissioner shall expire within one year of the date of issuance and if the sign has not been completed by such time, a new sign permit is required.
(4) Sign permit fees are set forth in town schedule of fees.
(b) License required. No person shall erect, alter, or relocate within the Town, any permanent or temporary sign without first obtaining a contractor's license from the Building and Planning department and making payment of the required fee.
(c) Signs with multiple surfaces. In the case of a sign with multiple surfaces, the gross surface area shall be the square foot area of the largest single side of the sign.
(d) Unsafe or obsolete signs.
(1) Unsafe signs. If any sign is found to be unsafe or unsecured or is a menace to the public, the building commissioner shall give written notice to the owner of the sign. If the owner fails to remove or alter the sign so as to comply with the notice and with the standards set forth herein within ten (10) days after such notice, such sign shall be removed or altered to comply by the building commissioner at the expense of the owner of the property upon which the sign is located. The building commissioner may cause any sign that is an immediate danger to persons or property to be removed summarily and without notice.
(2) Obsolete signs. Any obsolete sign that does not advertise an existing business or a product, including the poles, posts, pylons, pipes, or frames to which it is affixed, shall be taken down and removed by the owner within thirty (30) days after written notice from the building commissioner. If such sign is covered, it may remain covered for a period of time not to exceed six (6) months. Upon failure to comply with such notice within the time specified, the building commissioner shall cause removal or coverage of such sign, including the poles, posts, pylons, pipes, or frames to which it is affixed, and any expense incidental thereto shall be paid by the owner of the property to which such sign is attached.
(3) Lien. In the event the building commissioner shall cause removal or coverage of any sign, including the poles, posts, pylons, pipes, or frames to which it is affixed, under subsection (a) or (b) of this section, a notice of lien of the cost and expense thereof incurred by this Town may be filed with the county recorder's office. Upon payment of the cost and expense after notice of lien has been filed, the lien shall be released by this Town, and the release shall be filed of record in the same manner as filing the notice of lien.
(e) Exemptions. The following signs are exempt from all requirements, except the safety regulations, of this article:
(1) Memorial signs and tablets displayed on private property, or the building names and/or dates of erection into any masonry surface, not exceeding two (2) square feet in area;
(2) Address numerals and signs not exceeding two (2) square feet in area, which may bear the names of occupants of the premises; government flags and insignia;
(3) Legal notices;
(4) A traffic control or information sign used by the municipal Police Department;
(5) All municipal signs or signs erected or installed by the Town;
(6) ATM and vending machines;
(7) Lettering, logos, and signage on vehicles and trailers, provided that the primary purpose is not advertising; and
(8) Any temporary window sign shall be exempt only from the permit and fee requirements, but all other applicable provisions shall remain in full force and effect.
(f) Sign appearance. The owner or operator of any sign or other advertising structure shall maintain all exposed parts and supports frequently enough to maintain an attractive appearance. All signs and other advertising structures and their supports shall be secured to remain upright, plumb, and level.
(g) Mansard signs. Signs may be erected on the plane of a mansard-style roof or mansard wall facing, provided the angle of such mansard roof or wall facing is constructed at an angle of not less than seventy (70) degrees from the horizontal plane.
(h) Wall signs. Signs on awnings, fascias, marquees, and canopies shall be considered wall signs under the terms of this article and are subject to the regulations for wall signs.
(i) Prohibited signs. The following signs are prohibited:
(1) Signs blocking any required access way;
(2) Signs installed in the public right-of-way, including, but not limited to, attached to a tree or utility pole;
(3) Illumination used to make a sign visible that results in a traffic hazard;
(4) Flashing signs or flashing advertising structure;
(5) Any sign or advertising structure using the words "stop," "go," "look," "slow," or "danger" or any similar word, phrase, symbol or character, unless part of a business name and not dangerous to traffic;
(6) Any sign or advertising structure that obstructs traffic vision;
(7) Wind-actuated signs, except as permitted in section 24-557;
(8) Plywood signs, except as permitted in section 24-557;
(9) Off-site signs, unless a developmental variance is obtained from the Town;
(10) Portable reader-board signs, except where exempted.
(11) Roof signs in all zoning districts;
(12) Moving signs;
(13) Signs displaying obscene or illegal matter;
(14) Signs on fences, utility poles, street lights, or trees;
(15) Signs which resemble, or are confusingly similar to any official marker erected by the Town, State, or any other governmental unit or agency, or which by reason of position, shape or color would confuse or conflict with the proper functioning of any traffic sign or signal;
(16) Signs on any property without the consent of the party having the right of present possession; and
(17) Bench signs.
(j) Notification and penalties. Any owner or operator of a sign or other advertising structure who violates any section of this article shall receive written notice of the violation from the building commissioner. The notice shall include a description of the violation, the corrective action required, the penalty for the violation, and shall allow thirty (30) days from the date of the notice for correction of the violation. If the violation is not corrected within thirty (30) days of the date of the notice, the owner or operator of the sign or other advertising structure shall receive a notice to appear in court, and shall be subject to a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), for each day the violation continues after the deadline for compliance.
(k) Variances and appeals.
(1) Any property owner affected by the strict application of this article may request a developmental variance from the Board of Zoning Appeals, which has jurisdiction to approve or deny variances from developmental and technical standards.
(2) Any affected property owner may appeal any decision of an administrative official, staff member, or building commissioner under this article, or the denial by any such official of the approval of a sign permit to the zoning appeals pursuant to the provisions of this zoning chapter, the rules and regulations of the Board of Zoning Appeals and pursuant to state statute (IC 36-7-4-918.1). Any appeal filed with the Board of Zoning Appeals must specify the grounds of the appeal and must be filed with ten (10) days from the date of the action being appealed.
(l) Zoning districts. For purposes of this article, residential districts includes R-1, RC-1, R-2, RC-2 R-3, OS and FP zoning districts. Commercial and industrial districts include C-1, C-2, C-3, C-4, I, BP, TC, PB, U.S. 41 overlay and Route 231 overlay zoning districts.
(a) Residential districts provisions. In all residential districts, the following signs are permitted, subject to the requirements set forth in this article.
(b) Signs for dwellings.
(1) House number signs shall be required for all premises. All residential dwellings shall have the dwelling address attached to or mounted at the front of the dwelling. The numbers shall be at least four (4) inches in height and colored so that they can be read from the street.
(2) Nameplates and identification signs. There may be only one nameplate, not exceeding two (2) square foot in area, for each dwelling unit indicating the name and address of the occupant.
(3) Non-illuminated construction sign. In connection with the construction or remodeling of a building, there shall be permitted one sign not exceeding ten (10) square feet in area on a lot and the sign shall be removed within one week after the completion of the structure indicated.
(4) Height. The following height and setback requirements shall apply in all residential zoning districts: the height of any sign or support structure shall not exceed six (6) feet and cannot be closer than ten (10) feet from the property line or five (5) feet from the street right-of-way
(5) Projection. No sign shall project beyond the property line.
(6) Signs announcing a private garage, basement, or yard sale of property owned by the property owner on whose property the sale is to be conducted. The maximum display area shall not exceed four (4) square feet. Any such sign shall be removed on the last day of the sale.
(c) Residential development advertising signs.
(1) If an advertising sign is erected in connection with a development as a whole or a combination of two (2) or more lots, said sign shall be removed upon the issuance of a building permit for ninety-five (95) percent of the lots in the development. The owner or developer shall have thirty (30) days to remove the sign upon notice from the Town.
(2) A sign in this category shall not exceed twenty (20) square feet per side.
(3) Height and construction standards shall conform to the restrictions of the zoning district in which the sign is located.
(d) "For Sale," "For Rent" or "Sold" signs. "For Sale", "For Rent" and "Sold" signs are subject to the following:
(1) Area and number. There shall be not more than one nonilluminated sign per zoning lot, the sign shall not exceed four (4) square feet in area, and the sign shall be located at least ten (10) feet from adjacent lots.
(2) Height. No sign height shall exceed six (6) feet above the curb height of the property.
(3) Projection. No sign shall project beyond the property line.
(e) Business signs for home occupation. Business signs for a home occupation are prohibited in residential districts.
(f) Church bulletins and signs. Church bulletins and signs for public or quasi-public buildings are subject to the following:
(1) Area and number. There shall be not more than one sign per zoning lot, the sign shall not exceed twelve (12) square feet in area, and the sign shall be located at least ten (10) feet from adjacent lots.
(2) Height. No sign height shall exceed six (6) feet above curb level.
(3) Projection. No sign shall project beyond the property line.
(4) Official signs. Official signs, such as traffic control, parking restrictions, information and notices, shall not exceeding eight (8) square feet of display area.
(a) District provisions. In all commercial and industrial districts, the following signs are permitted, subject to the requirements set forth in this article.
(b) Permitted signs and restrictions.
(1) All signs and nameplates permitted in residential districts.
(2) Business signs, as regulated by this article.
(3) Signs on marquees, canopies, and awnings, subject to the following:
a. Marquees and canopies. No sign shall extend vertically or horizontally beyond the limits of the marquee or canopy. Marquees and canopies shall have headroom of not less than eight (8) feet. One sign per entrance, which shall not exceed six (6) square feet per sign.
b. Awnings. Any sign located on an awning shall be affixed flat to the awning surface, shall be nonilluminated and nonflashing, and shall indicate only the name and/or address of the establishment on the premises. Further, no such sign shall extend vertically or horizontally beyond the limits of the awning. Awnings shall have headroom clearance of not less than eight (8) feet. Signs located on awnings shall not cover more than twenty-five (25) percent of the awning.
(4) Directional signs. One each for the principal and secondary accesses to the zoning lot and a maximum of two (2) square feet for each sign.
(5) Window signs, painted, posted, or displayed by any other means in a window may not occupy more than twenty-five (25) percent of the gross window area, nor more than fifty (50) percent of an individual window area, when combined with temporary window signs. The area of permanent window signs shall be included in the calculations of the total area of permanent signs permitted on the zoning lot.
(6) Flowing information signs. Electric signs giving the time and/or temperature are permitted subject to all other requirements of this article. This type of sign must be incorporated into the primary sign, notwithstanding the restrictions of the zoning district.
(7) Temporary signs are regulated by section 24-558.
(8) Billboards. A billboard shall not be permitted within six hundred (600) feet of a residential district, street intersection, or railroad crossing. There shall be a minimum of one thousand five hundred (1,500) feet between billboards on the same side of a street or highway, and billboards shall not be closer than twenty (20) feet to a dedicated right-of-way, nor closer than ten (10) feet from the side or rear property line. A billboard shall not be permitted within four hundred (400) feet of an existing building. It shall not contain advertising space in excess of three hundred (300) square feet of display area per side. It shall not exceed twenty-five (25) feet in height above road grade, shall not exceed twenty-five (25) feet in width, and shall have a minimum ground clearance of ten (10) feet and must be supported by a single steel pole. A billboard may be permitted in a C-2 zoning district and industrial zoning districts by special exception only. The billboard permit, once issued, shall be subject to annual renewal upon payment of the permit fee and review by the building commissioner for continued compliance with this article.
(c) Commercial development advertising signs.
(1) If an advertising sign is erected in connection with a development as a whole or in combination with a development of two (2) or more lots, said sign shall be removed upon the sale, renting, or leasing of ninety-five (95) percent of the development space. The owner/developer shall have thirty (30) days to remove the sign upon notice from the Town.
(2) A sign in this category shall not exceed fifty (50) square feet per side.
(3) Height and construction standards shall conform to the restrictions of the zoning district in which the sign is located.
(d) Commercial center identification signs. Each commercial center consisting of four (4) or more retail business uses which occupy separate spaces within a multi-activity building or group of buildings comprising an integrated commercial center may have one such sign identifying the uses subject to the following:
(1) The sign must be a ground sign;
(2) The sign will not apply against other sign area restrictions;
(3) The sign area is limited to fifty (50) square feet per side; and
(4) The height of the sign shall not exceed the predominant height of the building to which it relates or ten (10) feet above the curb level, whichever is lower.
(e) Area, location, and height requirements. In all commercial districts, the permitted signs are subject to the following:
(1) Area.
a. Total. The gross combined area of all permanent ground, wall and window signs on a zoning lot shall not exceed one hundred (100) square feet.
b. Ground and monument signs. The area of permanent ground signs shall not exceed thirty (30) square feet per zoning lot.
c. Wall signs and permanent window signs. The area, in square feet, of a permanent wall sign, combined with permanent window signs, shall not exceed the lineal feet of frontage of a business.
d. Exception. Each business shall be entitled to a maximum area of fifty (50) square feet for permanent wall signs combined with permanent window signs, provided that each single tenant shall be allowed a maximum of thirty (30) square feet of such signage. The maximum of fifty (50) square feet shall apply to a multiple tenant business.
(2) Number of signs.
a. Total. Each business shall be permitted a maximum of two (2) permanent signs, not including permanent window signs.
b. Ground and monument signs. Only one permanent ground sign shall be permitted on a zoning lot.
c. Wall signs. Each business shall be permitted a maximum of two (2) wall signs, with no more than one sign per wall. If there are two wall signs, no ground sign shall be permitted.
d. Multiple tenant buildings. In multiple tenant buildings, one wall sign shall be permitted for each business or professional use and only affixed on the first story of the building.
(3) Location of signs. All signs shall be located entirely within the zoning lot of the business to which it applies. All signs shall front either the principal street, parking street, a parking area, or the side street in the case of corner buildings.
(4) Projection. Signs may project two (2) feet from the face of the building but shall not project into the public way, and the bottom of such signs shall not be less than eight (8) feet above the finished grade of the sidewalk.
(5) Height. No sign shall project higher than ten (10) feet above the curb level, or above the roof, or shall exceed the height of the principal building to which it relates, whichever is lower. No sign projecting or suspended from a building shall exceed twelve (12) feet in vertical dimension and its location and arrangement shall be subject to approval by the building commissioner.
(f) Content required. Identification. The name and/or identification logo/trademark of a business shall be placed on all permanent signs.
(a) Public building district provisions. In the public building district, the following signs are permitted, subject to the requirements set forth in this article.
(b) Permitted signs and restrictions.
(1) All signs and nameplates permitted in residential districts and commercial and industrial districts, subject to the restrictions set forth in sections 24-554 and 24-555.
(2) Temporary signs, as regulated by 24-557.
(c) Permanent reader-board signs. Buildings in the public building district may be permitted to have a permanent reader-board sign, subject to the following:
(1) The sign must be a ground sign;
(2) The sign area for this sign will not apply against other sign area restrictions;
(3) The sign area is limited to thirty-two (32) square feet per side;
(4) The height of the sign shall not exceed: (i) the predominant height of the building to which it relates, or (ii) ten (10) feet above the curb level, whichever is lower;
(5) The reader-board must be enclosed to provide protection from damage. All messages displayed on the reader-board must be kept in good repair at all times; and
(6) The sign must have appropriate landscaping and design features to present an attractive appearance that is in harmony with existing signs and design features of the site.
(d) Area, height, and location requirements. In the public building district, the permitted wall signs are subject to the same requirements provided in section 24-555.
(a) Permitted business signs.
(1) Temporary signs are permitted in commercial or industrial districts subject to compliance with the height and location requirements of permanent business signs.
(2) The total area of a temporary business signs shall not exceed twenty-five (25) percent of the gross area permitted for all signs on the zoning lot up to a maximum of twenty (20) square feet, and if displayed in a window, the temporary signs shall not occupy more than twenty-five (25) percent of the gross window area and shall not occupy more than fifty (50) percent of an individual window area, when combined with permanent window signs.
(3) Each business may display a temporary business sign not more than once per calendar year for thirty (300 days, or twice per calendar year for fifteen (15) days.
(4) A temporary business sign shall not be a projecting sign.
(5) Permits. No temporary business sign, other than a temporary window sign, shall be erected or maintained except pursuant to a permit issued by the building commissioner. The building commissioner shall impose, as a condition of the issuance of a permit for temporary signs, such requirements as to the material, manner of construction, and method of erection of a sign as are reasonably necessary to assure the safety and convenience of the public.
(b) Permitted signs in zoning districts except for commercial and industrial.
(1) Temporary signs and banners in all zoning districts, except for commercial and industrial, shall be permitted subject to the following:
a. Temporary signs with a maximum total area of eight (8) square feet or less are allowed without a permit;
b. Temporary signs with a total area between eight (8) square feet and sixteen (16) square feet are required to obtain a sign permit;
c. Temporary signs shall not exceed eight (8) feet in height or exceed sixteen (16) square feet in total size area;
d. Temporary signs are only allowed with the permission of the property owner; and
e. Temporary signs are prohibited from being attached to a utility pole, trees, and public signs.
(c) Quasi-public signs.
(1) A quasi-public sign may not be erected or maintained more than thirty (30) days prior to the date of which the event advertised is to occur and shall be removed within forty-eight (48) hours after the termination of the event.
(2) A quasi-public sign may be displayed in a window in any zoning district.
(3) Non-projecting wall or ground-type quasi-public signs, having an area not exceeding twenty (20) square feet, may be erected on the zoning lot on which the event advertised is to occur.
(4) No quasi-public sign shall be erected or maintained within any public right-of-way except pursuant to a permit authorized by the Town Manager or building commissioner.
(d) Permitted buntings, banners, pennants, and flags. Incident and accessory to temporary business signs and quasi-public signs, buntings, banners, pennants, and flags may be erected and maintained pursuant to a permit issued by the building commissioner subject to the following provisions:
(1) Buntings, banners, pennants and flags accessory to temporary business signs shall be subject to the following provisions:
a. Shall be permitted in a commercial or industrial districts only in accordance with the same provisions regulating the height and location of permitted business signs;
b. Each business may display a temporary business sign not more than once per calendar year for thirty (30) days or twice per calendar year for fifteen (15) days; and
c. The building commissioner shall impose, as a condition of the issuance of a permit, such requirements as to the material, manner of construction, and method of erection of a sign as are reasonably necessary to assure the safety and convenience of the public.
(2) Buntings, banners, pennants and flags accessory to quasi-public signs shall be subject to the following provisions:
a. Shall not be erected or maintained within any public right-of-way except pursuant to a permit authorized by the Town Manager or building commissioner;
b. May not be erected or maintained more than thirty (30) days prior to the date on which the event advertised is to occur and shall be removed within forty-eight (48) hours after the termination of the event; and
c. The building commissioner shall impose, as a condition of the issuance of a permit, such requirements as to the material, manner of construction, and method of erection of a sign as are reasonably necessary to assure the safety and convenience of the public.
(3) Buntings, banners, pennants and flags shall not be erected or maintained in such a location or manner as may endanger the public safety or interfere with or obstruct pedestrian or vehicular travel or create a traffic safety issue as determined by the building commissioner.
(e) Signs for the sale of motorized vehicles and trailers. In any zoning districts, signs offering any type of motorized vehicle or trailer for sale by anyone other than a dealer licensed by the state of new and/or used vehicles or trailers, are allowed subject to the following:
(1) "For Sale" signs shall be limited to two (2) signs, each a maximum of two (2) square feet in size and must be securely attached to the vehicle or trailer for sale;
(2) A vehicle or trailer, when not in use, with "For Sale" signs attached may only be displayed at the address to which it is currently registered and licensed, or at such other address not to exceed three (3) hours, unless it is the driver's place of employment; and
(3) "For Sale" signs for motorized vehicles or trailers shall not require a permit.
(f) Conditions. When a permit is required for a temporary sign, the building commissioner shall impose as a condition of the issuance, such requirements as to the material, manner of construction and method of erection of a sign as are reasonably necessary to assure the safety and convenience of the public.
(a) General construction standards.
(1) Building and electrical code applicable. All signs erected and maintained in the Town shall consist of noncombustible or approved combustible materials and shall be subject to the requirements of the applicable provisions of the Town building code as well as the provisions of this article. In addition, all illuminated signs shall be subject to the provisions of the Town electrical code including permit fees required thereunder.
(2) Glass requirements. Any glass forming a part of any sign shall be composed of a heavy safety glass with a minimum thickness of one-fourth (¼) inch. Where any single piece or pane of glass has an area exceeding three (3) square feet, it shall be wired safety glass.
(3) Wind pressure and dead load requirements. Any sign including, but not limited to, marquees, awnings or canopies, shall be designed and constructed to withstand a wind pressure of not less than thirty (30) pounds per square foot of net surface area and shall be constructed to receive dead loads as required by the Town building code.
(b) Wall signs.
(1) Every permanent wall sign of solid face construction shall be safely and securely attached to the building wall by means of metal anchors, bolts, or expansion screws of not less than three-eighths (3/8) inch in diameter and securely embedded in the wall. As an alternative method of attaching a wall sign to the building wall, such sign shall rest in, or be bolted to strong, heavy metal brackets or saddles set not over six (6) feet apart, each of which shall be securely fixed to the wall as herein described. In no case shall any wall sign be secured with wire, strips of wood, nails, or other common form of construction standard unless approved by the building commissioner.
(2) No wall sign shall cover wholly or partially any wall opening, or project beyond the ends or top of the wall to which it is attached.
(c) Projecting signs construction.
(1) Every projecting sign, including the frames, braces and supports thereof, shall conform to all construction standards contained herein and shall be approved by the building commissioner as being in compliance with the Town building code and the Town electrical code.
(2) Any moveable part of a projecting sign, such as the cover of a service opening, shall be securely fastened.
(3) Lettering or designs illuminated from the interior shall be composed of noncombustible materials.
(4) The thickness of a projecting sign, measured as the distance between the principal face and opposite face of the sign, shall not exceed twelve (12) inches.
(5) Projecting signs shall not exceed nine (9) square feet and fifty (50) pounds in weight and shall be attached to a sound masonry wall with corrosion resistant expansion bolts of at least three-eights (3/8) inch diameter which shall be securely embedded into the wall.
(d) Ground signs.
(1) Construction.
a. Every ground sign, including the frames, braces, and supports thereof, shall be securely built and shall conform to all construction standards contained herein, and shall be subject to approval by the building commissioner as being in compliance with the Town building code and the Town electrical code.
b. Any movable part of a ground sign, such as the cover or a service opening, shall be securely fastened.
(2) Erection.
a. The members supporting every ground sign shall be set in concrete of strength and weight to securely and permanently support the pole mounted sign in the position in which it is installed.
b. No ground sign shall be located within ten (10) feet of any electric power line, service drops or line conductors, or in any location where the building commissioner finds a reasonable danger that an electric power line would come in contact with the sign.
(e) Temporary signs.
(1) Construction.
a. No temporary sign of combustible material shall exceed four (4) feet in any of its dimensions.
b. Every temporary sign with an area in excess of twenty (20) square feet shall be made of rigid materials.
c. Every temporary sign with a weight in excess of fifty (50) pounds must comply with the safety requirements of the Town building code and be approved by the building commissioner.
(2) Erection.
a. Every temporary sign shall be safely and securely attached to the wall or other stable structure.
b. No temporary wall sign shall extend more than four (4) inches beyond the face of the wall or structure to which it is attached.
c. No inflatable promotional device shall exceed fifteen (15) feet in height, or the height of the principal building to which it relates, whichever is lower. No inflatable promotional device shall be mounted on a roof of a building or structure.
(f) Marquees.
(1) Construction.
a. Every marquee, including the anchors, bolts, supports, rods and braces thereof, shall be built securely, and shall be designed by a structural engineer or registered architect, and shall be approved by the building commissioner as being in compliance with the Town building code and the electrical code.
b. The roof of every marquee shall be properly guttered and connected by downspouts to a storm sewer so that water therefrom will not drip or flow onto public property.
c. No roof or marquee shall be used for any purpose other than to form and constitute a roof.
(2) Erection.
a. Every marquee shall be supported solely by the building to which it is attached and columns and posts are prohibited as a support.
b. The roof of any marquee shall be designed and constructed to support a live load of not less than one hundred (100) pounds per square foot.
c. No marquee shall be erected on any building or other structure of wood frame construction.
d. No part of a marquee shall be less than eight (8) feet above the level of the sidewalk or other public right-of-way over which it projects.
e. No temporary sign shall be attached to or hung from a marquee.
(3) Roof advertising. No advertising material shall be placed upon the roof of any marquee.
(g) Fixed canopies and fixed awnings.
(1) Construction. Every fixed canopy and fixed awning may be constructed of nonferrous material or other such material as approved by the building commissioner, provided, however, that all frames and supports shall be of corrosion-resistant material.
(2) Erection.
a. The framework of all fixed canopies and fixed awnings shall be approved by the building commissioner, and be in compliance with the Town building code.
b. Every fixed canopy and fixed awning shall be constructed and erected so that the lowest portion of the projecting frame thereof shall be not less than eight (8) feet above the sidewalk or other public right-of-way, and the lowest portion of the depending skirt shall not be less than eight (8) feet above the sidewalk or other public right-of-way.
(h) Retractable canopies and awnings.
(1) Construction. Every retractable canopy and retractable awning may be constructed of nonferrous material or other such material as approved by the building commissioner, provided, however, that all frames and supports shall be of corrosion-resistant material.
(2) Erection.
a. The framework of all retractable canopies and retractable awnings shall be approved by the building commissioner and be in compliance with the Town building code.
b. Retractable canopies and retractable awnings shall be securely attached to and supported by the building.
c. Every retractable canopy and retractable awning shall be constructed and erected so that the lowest portion of the projecting frame thereof shall be not less than eight (8) feet above the sidewalk or other public right-of-way, and the lowest portion of the depending skirt shall not be less than eight (8) feet above the sidewalk or other public right-of-way.
d. No retractable canopy or retractable awning shall be within two (2) feet of the curb line.
(a) Nonconforming signs.
(1) All nonconforming signs within the Town shall comply with the requirements of this article when any of the following alterations are made to the nonconforming sign:
a. When the structural face of the sign is changed;
b. When the sign is rebuilt;
c. When the sign is enlarged; and
d. When the sign is relocated.
(2) The following alterations to a nonconforming sign shall not require compliance with this article:
a. The changing of parts and preventative maintenance of signs as long as the same does not constitute a structural change;
b. A face change to a commercial or industrial identification sign if an individual tenant or business owner changes; and
c. Any text, phrase, numerals, and similar changes on permanent reader board sign.