Valparaiso City Zoning Code

ARTICLE 5

Signs

DIVISION 5.100 PURPOSE AND APPLICABILITY

Sec. 5.101 Purpose

Generally. The purposes of this Article are the following:

To regulate, classify, restrict, and control the location, size, type and placement of all signs and sign structures;
To eliminate and prevent excessive and confusing sign displays which do not relate to the premises on which they are located within the city;
To preserve the natural beauty and environment which is instrumental in attracting those who come to visit, trade, attend school, or set up residence;
To safeguard, stabilize, and enhance property values;
To protect public and private investment in buildings and open spaces;
To ensure a consistent and appropriate aesthetic environment; and
To protect the public health, safety, and general welfare.

Effective on: 1/1/1901

Sec. 5.102 Applicability

Generally. Hereinafter, all construction, relocation, enlargement, alteration, and modification of signs within the City shall conform to the requirements of this Article, all State and Federal regulations concerning signs and advertising, the International Code Council (ICC) Building Code as amended by the State of Indiana, and the Indiana Electric Code.

Signs Currently Under Construction. If a permit for a sign has been issued in accordance with all City ordinances in effect prior to the effective date of this Article, and provided that construction is begun within six months of the effective date of this Article and diligently prosecuted to completion, said sign may be completed in accordance with the approved plans on the basis of which the permit has been issued, subject thereafter, if applicable, to the provisions herein for nonconforming signs.

Effective on: 1/1/1901

Sec. 5.201 Nonconforming Signs

Notification of Nonconformity.

After the enactment of this Article, the Building Commissioner or his/her designee shall, as soon as practicable, survey the City for signs that do not conform to the requirements of this Article. Upon determination that a sign is nonconforming, the Building Commissioner or his/her designee shall use reasonable efforts to so notify either personally or in writing the tenant or owner of the property on which the sign is located of the following:
1. The sign's nonconformity; and
2. Whether the sign is eligible for characterization either as legal nonconforming or unlawful.
If the owner or user of the sign or property on which the sign is located cannot be contacted, the notice may be affixed in a conspicuous place to the sign or to the business premises with which the sign is associated.

Signs Eligible for Characterization as Legal Nonconforming.

Any sign located within the City limits on the date of adoption of this Article that does not conform to the provisions of this Article is eligible for characterization as a "legal nonconforming" sign and is permitted, provided it also meets the following requirements:
1. The sign was approved by a sign permit or variance on the date of adoption of this Article if one was required under applicable law, or, if no sign permit was required under applicable law for the sign in question, the sign was in all respects in conformity with the applicable law immediately prior to the adoption of this Article or had legal nonconforming status at such time; and
2. The sign is a permanent sign.
If land is annexed to the City of Valparaiso after the effective date of this Article, any signs that do not conform to the provisions of this Article at such time shall have legal nonconforming status if:
1. Under applicable federal, state, and county regulations, the sign was legal in all respects immediately prior to annexation;
2. The sign is a permanent sign; and
3. The annexation was not conditioned upon the removal or modification of the sign.
Any nonconforming sign that does not fit the definition of a "legal nonconforming" sign is an unlawful sign. Except as provided subsection C. below, a legal nonconforming sign shall retain such status in perpetuity.

Loss of Legal Nonconforming Status.

A legal nonconforming sign shall immediately lose its legal nonconforming status if:
1. The sign or sign structure constitutes a threat to public health or safety;
2. Removal of the sign cabinet from the sign structure;
3. The permit, variance, or condition under which the sign was permitted expires; or
4. The sign or sign structure is structurally altered so as to prolong its expected life. Structural alterations that prolong the expected life of a sign or sign structure shall include, but not be limited to, the following: match plate alterations and repairs, cabinet alterations and repairs, the alteration, addition or replacement of structural components of the sign or sign structure, or repairs or alterations to load or wind bearing components of the sign structure or sign cabinet.
On the happening of any one of the above-listed items, the sign shall be immediately brought into conformance with this Article or shall be removed. The following shall not result in loss of legal nonconforming status:
1. Any changes of color, design, or message on the sign's face; and
2. Any modification to the sign or sign structure which does not constitute a structural modification.

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.

Effective on: 1/1/1901

Sec. 5.202 Prohibited Signs; Special Exemptions with Written Permit

Signs Prohibited in All Districts. Subject only to the exemptions set forth in subsection B., below, the following signs are hereby expressly prohibited as to erection, construction, creation, maintenance, repair, alteration, location or relocation within the City:

Portable Signs, except as otherwise expressly permitted by Section 5.308, Temporary Signs. Specifically, signs of this type shall be prohibited in the US 30 and State Road 49 Signature Corridor Overlay Districts;
Animated Signs;
Chaser Signs;
Flashing Signs;;
Wind Signs;
Any sign on a motor vehicle or on a semi-trailer with or without tractor that can be seen from the street if circumstances, including the absence of vehicular use and/or the fact that the vehicle or semi-trailer carries no current motor vehicle registration or license plate, demonstrate that the primary use for said vehicle or semi-trailer is the advertisement of a business, product, or service of a business located on the premises where such a vehicle is parked. (Trailers used for construction purposes during the course of construction on site are exempt from this section.) Any such sign advertising a business, product, or service not conducted or available on site is an off-premise sign;
Inflatable Displays.
Off-Premise Signs, except as expressly permitted in Light Industrial (INL) and Heavy Industrial (INH) districts. Specifically, signs of this type shall be prohibited in the US 30 and State Road 49 Signature Corridor Overlay Districts;
Any sign attached to or painted or otherwise rendered on a bench or seat is located outside a building or structure on a public sidewalk or right-of-way. (Such a sign on a bench or seat not on a public sidewalk or right-of-way is not prohibited by this provision but must comply with all other regulations and its surface area shall be included in the total allowable surface area permitted for the building);
Signs that advertise a business which has not been conducted within the past 90 days, or a product or service which has not been offered for sale within the past 90 days, on the premise where such sign is located; if otherwise in compliance with this Article, a sign may be located at such location indicating a move of such business to another location for a period of time not exceeding 90 days from the date of discontinuance of the business at the sign's location;
Signs that use string lights, rope lights, or any unshielded light within public view if used in connection with commerical premises for commerical purposes except that this shall not include:
1. Holiday Decorations at Holiday Time; or
2. Non-Flashing Neon Window Signs
Any sign or sign structure determined by the Building Commissioner to be:
1. Structurally unsafe; or
2. A hazard to safety or health by reason of inadequate maintenance, dilapidation, or abandonment.
Any sign that obstructs the vision of drivers, or unduly distracts the attention of drivers, or obstructs the visibility of any traffic sign or traffic control device by reason of size, location, coloring, or illumination;
Any sign that obstructs free ingress and egress from a required door, window, fire escape, or other exitway, and any other sign prohibited by the building code;
Signs with a commercial purpose that make use of words such as "Stop," "Look," or "Danger," or other similar words, phrases, symbols, or characters in such a manner as to imply the need of stopping or the existence of danger;
Any sign unlawfully installed, erected, or maintained;
Any sign or other advertising structure containing any obscene, indecent, or immoral matter;
Any sign placed or installed in or on any parkway, alley, public street, easement or right-of-way as established by the official thoroughfare plan except as may be authorized by the Board of Public Works and Safety;
Any sign not in compliance with Federal or State law;
Any sign that is constructed or installed in such a manner as to overhang a public street, sidewalk, or right-of-way, except as otherwise expressly permitted by this UDO;
Snipe Signs;
Signs that are accessory to an unlawful use.

Exemptions by Special Permit.

Exemptions for Grand Openings. A business or other venture commencing its activities on a site shall be, for a period of one week prior to such opening and for two weeks after such opening, if such business applies to the Building Commissioner for an exemption and pays a fee as set by the City Common Council, granted exemption from the prohibitions in items 1-6 in subsection A., above. The surface area of these signs shall not be counted toward the maximum sign surface area permitted, nor subject to any height regulation. Maximum one (1) sign per building frontage, the sign attributable to each frontage must face such frontage.
Exemptions for Special Promotions. Upon application to the Building Commissioner and payment of a fee as set by the City Common Council, a business or other venture engaging in special promotions shall be granted exemption from the prohibitions in items 1-6 in subsection A., above for a period or periods totaling up to 10 weeks per calendar year. The application shall indicate the exact period or periods of the special promotion(s). The surface area of these signs shall not be counted toward the maximum sign surface area permitted or subject to any height regulation. Maximum one (1) sign per building frontage, the sign attributable to each frontage must face such frontage.

Effective on: 1/1/1901

Sec. 5.203 Exempt Signs

Generally. The following signs, if they comply with the limitations as stated in this section, and if they are permitted in the pertinent zoning district as set forth in this UDO, are exempt from the requirement of a sign permit:

Construction signs, provided that the contractor or other person placing such sign has made and maintains the deposit set forth in subsection B., below;
Real estate signs, except that if placed by any person or firm in the business of selling or brokering real estate, the exemption shall apply only if such person or firm has made and maintains the deposit set forth in subsection B., below;
Specific decorative displays used for holidays, public demonstrations or promotions of civic affairs or charitable activities, except that such may be situated on public property only if authorized by the Valparaiso Board of Public Works and Safety;
Signs advertising private garage sales;
Posters announcing special programs or events;
Campaign signs as permitted in Section 5.307, Campaign Signs, but not including campaign signs on billboards;
Home occupation signs;
Window Signs, provided they follow the requirements in Section 5.310, Window Signs;
House numbers, name plates for residential housing units identifying the occupancy and address of the premise, not to exceed two square feet;
Signs identifying the building name or occupancy and address of the building on fraternity, sorority and professional buildings, not to exceed eight square feet in area;
Integral signs;
Signs painted on or attached to vehicles bearing current license plates unless such signs are within the definition of Section 5.202, Prohibited Signs; Special Exemptions with Written Permit, subsection A.7;
Signs on vending machines, gas pumps, or ice containers indicating only the contents of such devices, provided that as to each such device the sign area does not exceed six square feet;
Signs not exceeding six square feet each which contain only noncommercial messages including designation of restrooms, telephone location, restrictions on smoking, door openings, and private traffic control and parking signs;
One sign, not to exceed six square feet in area, per parking lot entrance identifying the business served and providing driving and parking information;
Business signs, not to exceed two square feet in area per sign face, containing information on credit cards and business affiliations;
Wall signs of no greater than ten square feet and installed no higher than the interior ceiling of the first floor level;
Artisan Signs provided that the artisan or other person placing such sign has made and maintains the deposit set forth in subsection B., below.
Financier’s Signs provided that the financier or other person placing such sign has made and maintains the deposit set forth in subsection B., below.
Portable Signs.

Exemption Deposit. The exemption from the requirement of a written sign permit for construction signs, artisan signs, financier’s signs, or real estate signs placed by any person or firm in the business of selling or brokering real estate applies only if the person or firm placing any such sign files a bond in the amount of $100 with the City Clerk-Treasurer. Such bond shall be available to the Building Commissioner to cover any fines or costs associated with a violation of this ordinance by the filer. In such event, such person shall replenish the amount so taken in order to maintain the exemption. If any such person or firm is found to have violated the ordinance three or more times in one calendar year, or fails to maintain the bond at $100, the Building Commissioner shall revoke the exemption as to such person or firm for up to one year thereby requiring such person to obtain a permit for any sign placed thereafter. (See Section 5.403, Bonding, on cash deposits in lieu of bond.)

Effective on: 1/1/1901

Sec. 5.301 General Standards

Standards Applicable to Signs in all Districts. All freestanding, ground mounted or monument signs shall be located within a clearly delineated landscape area that extends a minimum of 3 feet in all directions from the base of the sign.

Effective on: 1/1/1901

Sec. 5.302 Rural and Residential Districts

Prohibited Signs. The following signs are prohibited in the RU, ER, SR, GR, UR, RT, CP and NC zoning districts :

All signs set forth in Section 5.202, Prohibited Signs; Special Exemptions with Written Permit, subsection A.;
Internally Illuminated Signs;
Any sign set back less than five feet from any public right-of-way;
Any sign if its highest point is,
1. For a ground sign, more than 10 feet above ground level
2. For a wall sign, higher than the roof line; and
Any sign not expressly permitted in subsections B. or C. of this Section.

Permitted Signs. Subject to Section 5.202, Prohibited Signs; Special Exemptions with Written Permit, only the following signs are permitted in the RU, ER, SR, GR, UR, RT, CP and NC zoning districts:

Construction signs;
Real estate signs, as shown in Table 5.302, Maximum Real Estate Sign Areas:

Table 5.302: Maximum Real Estate Sign Areas
Type of Structure or Use	Maximum Sign Area
Single-family residences Duplexes Individual apartments in multi-family buildings Vacant land in the ER, SR, and NC districts	8 sq. ft.
Multi-family buildings Institutions Vacant land in the RU, GR, UR, RT, CP and RU districts	32 sq. ft.

1. Signs advertising private garage sales not to exceed six square feet in area;
2. Campaign signs which comply with Section 5.307, Campaign Signs.
3. Home occupation signs;
4. House numbers, name plates for residential housing units identifying the occupancy and address of the premise, not to exceed two square feet in area;
5. Signs identifying the building name or occupancy and address of the building on fraternity, sorority and professional buildings, not to exceed eight square feet in area;
6. Integral signs;
7. Signs painted on or attached to vehicles bearing current license plates unless such signs are within the definition of Section 5.202, Prohibited Signs; Special Exemptions with Written Permit, subsection A.21;
8. Signs not exceeding six square feet in area total per building lot which contain only noncommercial messages;
9. Temporary subdivision signs of not more than 32 square feet in area, limited to one per roadway entrance;
10. Permanent subdivision signs of not more than 50 square feet and not more than two in number per subdivision;
11. Artisan signs;
12. Financier’s signs; and
13. Institution signs having a surface area of no more than 36 square feet.

UR, RT and CP Districts. For each building in a UR, RT or CP district, one wall sign is permitted in addition to the signage permitted by subsection A., above, provided that it is no greater than 10 square feet and installed no higher than the interior ceiling of the first floor level.
Illumination Regulations. If a sign is illuminated by light beamed or reflected upon it, direct rays of light shall not beam upon any part of any other lot nor into a street. A sign in direct line of vision of a traffic signal shall not be red, green, or amber in color. Internally illuminated signs are prohibited.
CA District for University Multi-Family. Sign regulation for lots in the CA District shall be as follows:
1. For parcels used as single-family or duplex residences, the sign regulations governing ER, SR, and NC districts;
2. For parcels used as a residence for more than two families (including dormitories, fraternity and sorority houses), the sign regulations governing UR, RT and CP districts;
3. For parcels owned and operated by a University for University-related purposes other than residences, the sign regulations governing the CG District. (Section 908)

Effective on: 1/1/1901

Sec. 5.303 Commercial Districts

Prohibited Signs. The following signs are prohibited in the CN, CG and BP districts:

All signs set forth in Section 5.202, Prohibited Signs; Special Exemptions with Written Permit, subsection A.;
Any sign not expressly permitted by this section.

Ground Signs Prohibited in CBD District. Ground signs are prohibited in the Central Business (CBD) district.

Permitted Signs. Subject to Section 5.202, Prohibited Signs; Special Exemptions with Written Permit, and to the regulations set forth in this section, the following signs are permitted in the CN, CG, BP, and CBD districts and for nonresidential occupancies in the CP and RT districts:

All signs set forth in Section 5.203, Exempt Signs;
Campaign signs which comply with Section 5.307, Campaign Signs; and
Real estate signs which do not exceed 32 square feet in area.
Signs, whether ground signs (except as prohibited by subsection B., above), projecting signs, or wall signs, identifying, advertising, calling attention to, or containing information about the business or activity conducted on the premises (except that automobile service stations shall comply with the provisions of Section 5.306, Light Automobile Service Signs).

Setback Requirement. No part of a ground sign or ground sign structure shall be closer than five feet to a paved street, a driveway, a sidewalk, the nearest easement line, the nearest property line, or the nearest right-of-way line as established by the Official Thoroughfare Plan.

Height Regulations.

Ground Signs. The maximum height of any portion of a permitted ground sign or ground sign structure shall be determined in Table 5.303.A., Maximum Height of Ground Signs. If a lot has frontage on more than one street, the calculation shall be based on the largest frontage.

Table 5.303.A.: Maximum Height of Ground Signs
Street Frontage	Maximum Height
150 ft. or less	15 ft.
150 ft. to 300 ft.	1 ft. of height for each 10 ft. of frontage
300 ft. or more	30 ft.

1. Wall Signs.
  1. Generally, no maximum height applies to wall signs which do not project in any part above the roof line. Any sign so projecting shall be subject to the height regulations for ground signs, and such shall be measured from the uppermost portion of the sign to ground level.
  2. In the CBD District, wall signs attached to the facade of buildings shall only be permitted in an area of the facade between the top of the ground floor windows and 12 inches below the bottom sill of the second floor windows (otherwise known as the "sign band"). The maximum vertical dimension of signage in this area shall be one and one-half feet in height. Wall signs shall have raised trim or a raised border of some fashion other than paint. Cabinet style signs, and internally illuminated signs are prohibited. Signage shall be constructed of high quality durable materials, flat, painted wooden boards (such as OSB or CDX plywood not part of a framed sign band) and plastic letters shall be prohibited sign materials. Signage shall be designed and installed by a registered sign contractor. See Figure 5.303.A., CBD Signage.

Figure 5.303.A.:
CBD Signage

1. 1. In the CBD District, individual raised letters and numbers within the field of a sign band shall be installed with equal top and bottom margins. Such signs shall be externally illuminated. Gooseneck style direct lighting is strongly encouraged. See Figure 5.303.B., Historical Wall Sign and External Lighting.
  2. In the CBD District, banners and/or similar signs of temporary nature are prohibited on the exterior of the building.

Figure 5.303.B.:
Historical Wall Sign and External Lighting

Historical Wall Sign and External Lighting

Surface Area Regulations. The combined surface area of all signs (whether ground signs, wall signs, or projecting signs, except that in the CBD district, projecting signs shall not be included) excluding exempt signs as set forth in Section 5.203, Exempt Signs; signs permitted pursuant to Section 5.202., Prohibited Signs; Special Exemptions with Written Permit, subsection B; real estate signs, and signs permitted by subsections I and J of this section on a lot or building shall not exceed the areas shown in Table 5.303.B., Maximum Sign Area. A business or activity with no ground floor frontage is not prohibited from displaying signage; however, the total area of all signs on the building shall not exceed that calculated on the basis of the businesses or activities located on the ground floor.

Table 5.303.B.: Maximum Sign Area
District	Permitted Sign Area per Lineal Foot of Building Frontage¹
Commercial, Neighborhood (CN) and nonresidential occupancies in the Residential Transition (RT) and Central Place (CP) districts	One square foot
Commercial, General (CG) and Business Park (BP)	Three square feet
Central Business (CBD)	Three square feet²
¹For purposes of calculation, each side of a building that abuts upon a public way shall be considered separate building frontage; however, the surface area of signage attributable to each frontage must face such frontage. ²For any one business or venture, three square feet of sign area for each linear foot of building frontage or 132 square feet, whichever is less. For purposes of the 132 square feet limitation for one business or venture, if such business has frontage on more than one public way, it shall have up to 132 square feet for each public way provided that the signage attributable to each frontage must face such frontage.

Projection Regulations.
1. CBD District.
  1. In the Central Business (CBD) district, no sign shall project more than 45 inches into the public way, sidewalk, or dedicated public easement all as determined, in case of dispute, by the City Engineer. Any such projecting sign shall be oriented so that the face surfaces of the sign are perpendicular to the face of the wall from which they project; provided, however, that a sign projecting from a point at which two walls meet to form a corner may be oriented in any direction.
  2. Projecting signs shall not exceed 1-1/2 inches in thickness.
2. Other Commercial Districts. Subject to the limitations set forth herein, projecting signs are permitted as follows:
  1. Attached to buildings in the CN district, provided that the building is set back a minimum of 20 feet from the public right-of-way;
  2. Attached to buildings with nonresidential occupancies in the RT and CP districts, provided that the building is set back a minimum of 15 feet from the public right-of-way;
  3. Attached to buildings in the CG and BP Districts.
3. Restrictions. Where permitted, projecting signs shall meet the following requirements:
  1. A maximum of one projecting sign per building or building lot, except that for buildings or building lots with more than one business or professional tenancy, each tenant may have one such projecting sign;
  2. The lowest part of such sign or structure encasing such sign is a minimum of eight feet above ground level;
  3. The projection from the building is not more than six feet (or, in the CBD district, 45 inches pursuant to subsection G.1., above) if the sign projects over a public right-of-way or sidewalk;
  4. No part of the sign is closer than 12 inches to a line extended vertically from the curb of a public street or alley; and
  5. The surface area of any sign shall not exceed:
    1. CN District: 12 square feet
    2. Nonresidential uses in the RT and CP districts: 16 square feet
    3. CG District: 20 square feet
    4. CBD District: Eight square feet
Illumination Regulations. If a sign is illuminated by light beamed or reflected upon it, direct rays of light shall not beam upon any part of any existing residential area nor into a residential district, nor into a street. A sign in direct line of vision of a traffic signal shall not be red, green, or amber in color. Illuminated signs are permitted in all commercial districts; however, in the CBD district, internally illuminated signs are prohibited.
Unified Shopping Centers. If, in a CN, CG, or RT district, the premises have three or more occupants each with a distinct business name, as in a unified shopping center under single ownership or control, one additional ground sign is permitted containing the name of the premises, the occupants thereof, and, if desired, a changeable copy sign. Such ground sign shall not exceed one square foot of sign area for each one linear foot of building frontage, but in no event shall the total surface area of such ground sign exceed 100 square feet. Such sign shall be in addition to the maximum surface area for such premises as set forth in subsection F., above. Large retail centers consisting of multiple buildings (3 or more) subject to these guidelines may have one multi-tenant monument type ground sign not taller than fifteen (15) feet per frontage.
Large Commercial Buildings.
1. For individual buildings (i.e. not in a Unified Shopping Center) in a CG or BP district, one additional ground sign is permitted if the following conditions are met:
  1. The premises have a minimum of 1,500 square feet of usable floor space;
  2. The building is set back from any street a minimum of 30 feet; and
  3. The sign does not exceed 40 feet in surface area.
2. Such sign shall be in addition to the maximum surface area for such premises as set forth in subsection F., above.
Moveable Signage Boards. Placement of moveable signage boards (e.g., to display daily specials, such as sandwich boards) shall be permitted according to the following:
1. Limited to one sign board per tenant/business with the total area of the sign not exceeding seven square feet per business.
2. All signage boards shall be professionally designed, printed and mounted on durable signage board.
3. Signage shall be limited to the advertisement and sales of merchandise or services directly associated with the business type.
4. Such signage shall be permitted to be displayed on pedestrian walkways located adjacent or nearly adjacent to the entrance of an establishment. Such signage shall not be placed in any drive or access area, nor placed within any landscape area. Such signage shall not be used as a replacement for directional signage.
5. Such signage shall be located a maximum of 10 feet from an public entrance to an establishment.
6. Such signage shall be brought inside at dusk or close of business day each day
7. Such signage shall not block or impede pedestrian rights of way or walkways
8. Such signage shall not be internally or externally directly illuminated.

Effective on: 1/1/1901

Sec. 5.304 Industrial Districts

Prohibited Signs. The following signs are prohibited in the Light Industrial (INL) and Heavy Industrial (INH) districts:

All signs set forth in Section 5.202, Prohibited Signs; Special Exemptions with Written Permit.
Any sign not expressly permitted by this section.

Permitted Signs. Subject to Section 5.202, Prohibited Signs; Special Exemptions with Written Permit, and to the regulations set forth in this section, the following signs are permitted in the Light Industrial (INL) and Heavy Industrial (INH) districts:

All signs set forth in Section 5.203, Exempt Signs;
Campaign signs that comply with Section 5.307, Campaign Signs;
Real estate signs which do not exceed 32 square feet in area;
Signs, whether ground signs, projecting signs, or wall signs, identifying, advertising, calling attention to, or containing information about the business or activity conducted on the premises (except that automobile service stations shall comply with the provisions of Section 5.306, Light Automobile Service Signs; and
Off-premise signs, subject to the limitations set forth subsection H. of this section.

Height Regulations.

Ground Signs.
1. The maximum height of any portion of a permitted ground sign or ground sign structure shall be determined as follows:
  1. Lots with street frontage of 150 feet or less: 15 feet
  2. Lots with street frontage of more than 150 feet but less than 300 feet: 1 foot of height for each 10 feet of street frontage
  3. Lots with 300 feet or more of street frontage: 30 feet
2. If a lot has frontage on more than one street, the calculation shall be based on the largest frontage.
Wall Signs. No maximum height applies to wall signs that do not project in any part above the roofline. Any sign so projecting shall be subject to the height regulations for ground signs, and such shall be measured from the uppermost portion of the sign to ground level.

Surface Area Regulations. The total surface area of all signs (excluding exempt signs as set forth in Section 5.203, Exempt Signs; real estate signs; and signs permitted by subsection G., below) on a lot or building shall not exceed three square feet of sign area for each linear foot of building frontage. For purposes of calculation, each side of a building which abuts upon a public way shall be considered building frontage; however, the surface area of signage attributable to each frontage must face such frontage. A business or activity with no ground floor frontage is not prohibited from displaying signage; however, the total area of all signs on the building shall not exceed that permitted for the businesses or activities located on the ground floor.

Illumination Regulations. If a sign is illuminated by light beamed or reflected upon it, direct rays of light shall not beam upon any part of any existing residential area nor into a residential district, or into a street. A sign in direct line of vision of a traffic signal shall not be red, green, or amber in color.

Large Industrial Parcels. In a Light Industrial (INL) or Heavy Industrial (INH) district, if a parcel is three acres in area or more, one additional ground sign is permitted. Such ground sign shall not exceed 200 square feet. Such sign shall be in addition to the maximum surface area for such premises as set forth in subsection E., above.

Off-Premise Signs. Subject to Section 5.202, Prohibited Signs; Special Exemptions with Written Permit, and other prohibitions set forth in this UDO, off-premise billboards, posterboards, or panels are permitted in the Light Industrial (INL) and Heavy Industrial (INH) districts provided that:

No such sign shall exceed 100 square feet in surface area;
No part of such sign shall be closer than 300 feet from any part of any other sign, whether such other sign is an off-premise or on-premise sign.
No such sign shall be permitted within 600 feet of the right of way of US Highway 30/Morthland Drive or State Road 49.

Effective on: 1/1/1901

Sec. 5.305 Overlay Zones

Nothing in this Article shall be understood as repealing or otherwise modifying the sign regulations and requirements of the overlay zones established by Article 11, Design Standards.

Effective on: 1/1/1901

Sec. 5.306 Light Automobile Service Signs

Any business that dispenses gasoline products at the pump to the public for motor vehicles may display, in addition to all other signs permitted in its zoning district, not more than two additional signs. Each of these signs shall not exceed eight square feet in surface area and shall be for the purpose of indicating the pump price of fuel sold or the announcement of special offers. Said sign or signs may be attached to an existing ground sign, lighting standard, the pump, or the wall of a building. The area of such signs shall not be counted against the total sign area limit of the zoning district in which such business is located. Such signs shall not require a permit and need not be erected by a person with a Sign License.

Effective on: 1/1/1901

Sec. 5.307 Campaign Signs

Time. No campaign sign is permitted except within 30 days prior to the primary and/or general election to which it pertains. All campaign signs must be removed no later than 10 days after the election to which they pertain.

Place and Manner. Campaign signs shall meet the following requirements:

Except for campaign signs on lawful billboards in Light Industrial (INL) and Heavy Industrial (INH) districts or on legal nonconforming billboards, a campaign sign shall not exceed eight square feet in surface area;
If two or more signs are joined together by any means, their combined display area per face shall not exceed eight square feet;
There is a maximum of two campaign signs per zoning lot;
In residential districts, campaign signs may not be internally illuminated;
In nonresidential districts, the illumination of campaign signs shall comply with the illumination regulations for such district;
All campaign signs must be set back a minimum of five feet from the public right-of-way;
No campaign sign shall be placed on public property, or in or on any roadway, parkway, alley, easement, or public right-of-way, or attached to any public utility pole, tree, or other appurtenance on public property;
No campaign sign shall be placed on private property without the express consent of the owner or occupier of the property;
No campaign sign shall be constructed, installed, placed, or maintained in such a way as to constitute a public nuisance or hazard; and
All campaign signs located on, attached to, within, or painted upon any motorized vehicle, including cars, trucks, pickups, campers, or vans shall not exceed eight square feet and shall not be placed so as to restrict the driver's vision of the road or rearview or sideview mirrors.

Required Bond.

City and County Elections. All city and county candidates who intend to display campaign signs shall post a $100.00 bond before any campaign sign shall be permitted, such bond to be filed with the City Clerk-Treasurer. The bond shall be returned to the candidate if all such candidate's campaign signs are removed within the prescribed time. If the candidate does not remove or cause the removal of all such campaign signs within the prescribed time, the bond shall be forfeited to the City and shall be used for the removal of such campaign signs.
State and National Elections. For any political party that intends to display campaign signs for its candidate(s) in a state or national election, whether primary or general, the chair of each recognized party shall submit one bond in the amount of $100.00 to cover all campaign signs for all state and national candidates running for public office under the auspices of that party, such bond to be filed with the City Clerk-Treasurer. The bond shall be returned to the chair if all such campaign signs are removed within the prescribed time. If the chair does not remove or cause the removal of all such campaign signs within the prescribed time, the bond shall be forfeited to the City and shall be used for the removal of such campaign signs.

Enforcement. Whenever any campaign sign is found to be in violation of this Section, the candidate or party chair of the party to which the candidate belongs shall be notified in writing of the violation. The candidate or chair shall correct the violation immediately or within a reasonable time as determined by the Building Commissioner. If any violation is not corrected within the prescribed time, the City shall remove or cause to be removed any such campaign sign and any expense incurred by the City shall be deducted from the bond of the candidate or party as the case may be. This remedy is in addition to all other remedies provided in the Municipal Code.

Exemptions. This Section does not apply to campaign signs that are bumper stickers or to campaign signs in a parade for which a permit has been issued by the City of Valparaiso.

Effective on: 1/1/1901

Sec. 5.308 Temporary Signs

Temporary signs, such as construction signs, or signs in connection with a business or venture being carried on in a temporary location, shall be authorized by the Building Commissioner for not more than two months at a time by written permit which shall show the size, shape, content, height, type of construction and locations of such sign(s) and the period of authorization upon a finding by the Building Commissioner, on the basis of written information furnished by the applicant, that the proposed sign or signs are necessary for the direction of the public and not contrary to the spirit and purpose of this UDO.

Effective on: 1/1/1901

Sec. 5.309 Snipe Signs

In addition to any and all other remedies set forth in this UDO for a violation thereof, the Building Commissioner or his/her designee may remove any snipe sign and confiscate it.

Effective on: 1/1/1901

Sec. 5.310 Window Signs

A. Generally. Window Signs located in Central Place (CP), Central Business District (CBD), Residential Transition (RT) and the Eastgate Overlay District, shall comply with the limitations as stated in this section and are exempt from the requirement of a sign permit.

B. Window Sign Requirements.

1. Window signs shall not exceed 25 percent of the window area.

2. Window signs greater than 50 percent transparent, shall not exceed 33 percent of the window area.

3. Window signs shall not be included in the total allowable sign area.

4. Window Signs shall be reviewed by an Enforcement Official or Designee prior to installation.

Effective on: 1/1/1901

Sec. 5.401 Sign Construction Permit

No person shall (through his/her own action or those of persons he/she hires or directs) commence to erect, alter, construct, or relocate any permanent sign or structure subject to this UDO, except for signs expressly exempted from the permitting process in Section 5.203, Exempt Signs, without first obtaining a Sign Permit from the Building Commissioner in accordance with the provisions of Section 15.202, Administrative Permits.

Effective on: 1/1/1901

Sec. 5.402 Annual License Required

Generally. No person shall engage in the work of erecting, altering, constructing, or relocating any permanent sign that requires a sign permit unless such person holds a valid and current Sign License issued by the Building Commissioner and has such Sign License in his/her possession at the job site.

Application. Any person or firm desiring a Sign License shall apply on a form provided by the Building Commissioner and tender the required fee and proof of the filing of the required bond. The application shall include the applicant's name (whether an individual or firm), address, and telephone number. Such license shall, unless revoked, be valid for the balance of the calendar year in which it is issued.

License Fees. The Building Commissioner shall maintain a schedule of license fees. The amounts for such licenses and renewals thereof shall be set from time to time by the City Common Council.

Renewal. Licenses may be renewed annually.

Forfeiture.

The Building Commissioner may revoke the Sign License of any person or firm if such person or firm:
1. Has been found to have committed three violations of this UDO;
2. Has ignored a Stop Order issued by the Building Commissioner;
3. Has commenced erection or construction of a non-exempt sign without obtaining a permit therefor; or
4. Has engaged in actions resulting in a forfeiture of the bond.
Such person or firm may apply for a new Sign License no sooner than six months after the date of revocation.

Presumption of Violator's Identity.

Unless circumstances clearly show otherwise, there exist the following presumptions in connection with any existing sign (including snipe signs) that violates any provision of this Article:
1. The sign was erected at its location by, or with the consent of, the owner and occupier of the site;
2. The sign was erected by, or with the consent of, the company or business advertised thereon; and
3. The sign was erected by, or with the consent of, the promoter of the item or event advertised thereon (including, in the case of the advertisement of available residential housing, the realtor or other promoter thereof).
Any person cited for a violation may rebut any such presumption by introducing evidence of the non-existence of the presumed fact sufficient to prove by a preponderance of the evidence that the presumed fact is not true.

Effective on: 1/1/1901

Sec. 5.403 Annual Bonding

Annual Bond Required. Every person or firm erecting, altering or removing any non-exempt sign within the city shall file annually with the City Clerk-Treasurer, a bond in the penal sum of $5,000, conditioned that the person, firm or corporation shall comply with the provisions of this code with respect to alterations, locations, permit and construction requirements, and conditioned further to indemnify the City and its officials from any claims or damages sustained, brought, or obtained against the City or its officials because of the alteration, construction, removal or any accident caused by or resulting therefrom.

Deposit in Lieu of Bond. Whenever this Article requires the posting of a bond, the same may be satisfied by a cash deposit with the City Clerk-Treasurer in an amount equal to the face amount of the bond. Such deposit shall be subject to the same charges as the bond and the City has no obligation to pay any interest on such deposit.

Effective on: 1/1/1901

Valparaiso City Zoning Code

ARTICLE 5

Signs

DIVISION 5.100 PURPOSE AND APPLICABILITY

Sec. 5.101 Purpose

Generally. The purposes of this Article are the following:

To regulate, classify, restrict, and control the location, size, type and placement of all signs and sign structures;
To eliminate and prevent excessive and confusing sign displays which do not relate to the premises on which they are located within the city;
To preserve the natural beauty and environment which is instrumental in attracting those who come to visit, trade, attend school, or set up residence;
To safeguard, stabilize, and enhance property values;
To protect public and private investment in buildings and open spaces;
To ensure a consistent and appropriate aesthetic environment; and
To protect the public health, safety, and general welfare.

Effective on: 1/1/1901

Sec. 5.102 Applicability

Effective on: 1/1/1901

Sec. 5.201 Nonconforming Signs

Notification of Nonconformity.

After the enactment of this Article, the Building Commissioner or his/her designee shall, as soon as practicable, survey the City for signs that do not conform to the requirements of this Article. Upon determination that a sign is nonconforming, the Building Commissioner or his/her designee shall use reasonable efforts to so notify either personally or in writing the tenant or owner of the property on which the sign is located of the following:
1. The sign's nonconformity; and
2. Whether the sign is eligible for characterization either as legal nonconforming or unlawful.
If the owner or user of the sign or property on which the sign is located cannot be contacted, the notice may be affixed in a conspicuous place to the sign or to the business premises with which the sign is associated.

Signs Eligible for Characterization as Legal Nonconforming.

Any sign located within the City limits on the date of adoption of this Article that does not conform to the provisions of this Article is eligible for characterization as a "legal nonconforming" sign and is permitted, provided it also meets the following requirements:
1. The sign was approved by a sign permit or variance on the date of adoption of this Article if one was required under applicable law, or, if no sign permit was required under applicable law for the sign in question, the sign was in all respects in conformity with the applicable law immediately prior to the adoption of this Article or had legal nonconforming status at such time; and
2. The sign is a permanent sign.
If land is annexed to the City of Valparaiso after the effective date of this Article, any signs that do not conform to the provisions of this Article at such time shall have legal nonconforming status if:
1. Under applicable federal, state, and county regulations, the sign was legal in all respects immediately prior to annexation;
2. The sign is a permanent sign; and
3. The annexation was not conditioned upon the removal or modification of the sign.
Any nonconforming sign that does not fit the definition of a "legal nonconforming" sign is an unlawful sign. Except as provided subsection C. below, a legal nonconforming sign shall retain such status in perpetuity.

Loss of Legal Nonconforming Status.

A legal nonconforming sign shall immediately lose its legal nonconforming status if:
1. The sign or sign structure constitutes a threat to public health or safety;
2. Removal of the sign cabinet from the sign structure;
3. The permit, variance, or condition under which the sign was permitted expires; or
4. The sign or sign structure is structurally altered so as to prolong its expected life. Structural alterations that prolong the expected life of a sign or sign structure shall include, but not be limited to, the following: match plate alterations and repairs, cabinet alterations and repairs, the alteration, addition or replacement of structural components of the sign or sign structure, or repairs or alterations to load or wind bearing components of the sign structure or sign cabinet.
On the happening of any one of the above-listed items, the sign shall be immediately brought into conformance with this Article or shall be removed. The following shall not result in loss of legal nonconforming status:
1. Any changes of color, design, or message on the sign's face; and
2. Any modification to the sign or sign structure which does not constitute a structural modification.

Effective on: 1/1/1901

Sec. 5.202 Prohibited Signs; Special Exemptions with Written Permit

Portable Signs, except as otherwise expressly permitted by Section 5.308, Temporary Signs. Specifically, signs of this type shall be prohibited in the US 30 and State Road 49 Signature Corridor Overlay Districts;
Animated Signs;
Chaser Signs;
Flashing Signs;;
Wind Signs;
Any sign on a motor vehicle or on a semi-trailer with or without tractor that can be seen from the street if circumstances, including the absence of vehicular use and/or the fact that the vehicle or semi-trailer carries no current motor vehicle registration or license plate, demonstrate that the primary use for said vehicle or semi-trailer is the advertisement of a business, product, or service of a business located on the premises where such a vehicle is parked. (Trailers used for construction purposes during the course of construction on site are exempt from this section.) Any such sign advertising a business, product, or service not conducted or available on site is an off-premise sign;
Inflatable Displays.
Off-Premise Signs, except as expressly permitted in Light Industrial (INL) and Heavy Industrial (INH) districts. Specifically, signs of this type shall be prohibited in the US 30 and State Road 49 Signature Corridor Overlay Districts;
Any sign attached to or painted or otherwise rendered on a bench or seat is located outside a building or structure on a public sidewalk or right-of-way. (Such a sign on a bench or seat not on a public sidewalk or right-of-way is not prohibited by this provision but must comply with all other regulations and its surface area shall be included in the total allowable surface area permitted for the building);
Signs that advertise a business which has not been conducted within the past 90 days, or a product or service which has not been offered for sale within the past 90 days, on the premise where such sign is located; if otherwise in compliance with this Article, a sign may be located at such location indicating a move of such business to another location for a period of time not exceeding 90 days from the date of discontinuance of the business at the sign's location;
Signs that use string lights, rope lights, or any unshielded light within public view if used in connection with commerical premises for commerical purposes except that this shall not include:
1. Holiday Decorations at Holiday Time; or
2. Non-Flashing Neon Window Signs
Any sign or sign structure determined by the Building Commissioner to be:
1. Structurally unsafe; or
2. A hazard to safety or health by reason of inadequate maintenance, dilapidation, or abandonment.
Any sign that obstructs the vision of drivers, or unduly distracts the attention of drivers, or obstructs the visibility of any traffic sign or traffic control device by reason of size, location, coloring, or illumination;
Any sign that obstructs free ingress and egress from a required door, window, fire escape, or other exitway, and any other sign prohibited by the building code;
Signs with a commercial purpose that make use of words such as "Stop," "Look," or "Danger," or other similar words, phrases, symbols, or characters in such a manner as to imply the need of stopping or the existence of danger;
Any sign unlawfully installed, erected, or maintained;
Any sign or other advertising structure containing any obscene, indecent, or immoral matter;
Any sign placed or installed in or on any parkway, alley, public street, easement or right-of-way as established by the official thoroughfare plan except as may be authorized by the Board of Public Works and Safety;
Any sign not in compliance with Federal or State law;
Any sign that is constructed or installed in such a manner as to overhang a public street, sidewalk, or right-of-way, except as otherwise expressly permitted by this UDO;
Snipe Signs;
Signs that are accessory to an unlawful use.

Exemptions by Special Permit.

Exemptions for Grand Openings. A business or other venture commencing its activities on a site shall be, for a period of one week prior to such opening and for two weeks after such opening, if such business applies to the Building Commissioner for an exemption and pays a fee as set by the City Common Council, granted exemption from the prohibitions in items 1-6 in subsection A., above. The surface area of these signs shall not be counted toward the maximum sign surface area permitted, nor subject to any height regulation. Maximum one (1) sign per building frontage, the sign attributable to each frontage must face such frontage.
Exemptions for Special Promotions. Upon application to the Building Commissioner and payment of a fee as set by the City Common Council, a business or other venture engaging in special promotions shall be granted exemption from the prohibitions in items 1-6 in subsection A., above for a period or periods totaling up to 10 weeks per calendar year. The application shall indicate the exact period or periods of the special promotion(s). The surface area of these signs shall not be counted toward the maximum sign surface area permitted or subject to any height regulation. Maximum one (1) sign per building frontage, the sign attributable to each frontage must face such frontage.

Effective on: 1/1/1901

Sec. 5.203 Exempt Signs

Construction signs, provided that the contractor or other person placing such sign has made and maintains the deposit set forth in subsection B., below;
Real estate signs, except that if placed by any person or firm in the business of selling or brokering real estate, the exemption shall apply only if such person or firm has made and maintains the deposit set forth in subsection B., below;
Specific decorative displays used for holidays, public demonstrations or promotions of civic affairs or charitable activities, except that such may be situated on public property only if authorized by the Valparaiso Board of Public Works and Safety;
Signs advertising private garage sales;
Posters announcing special programs or events;
Campaign signs as permitted in Section 5.307, Campaign Signs, but not including campaign signs on billboards;
Home occupation signs;
Window Signs, provided they follow the requirements in Section 5.310, Window Signs;
House numbers, name plates for residential housing units identifying the occupancy and address of the premise, not to exceed two square feet;
Signs identifying the building name or occupancy and address of the building on fraternity, sorority and professional buildings, not to exceed eight square feet in area;
Integral signs;
Signs painted on or attached to vehicles bearing current license plates unless such signs are within the definition of Section 5.202, Prohibited Signs; Special Exemptions with Written Permit, subsection A.7;
Signs on vending machines, gas pumps, or ice containers indicating only the contents of such devices, provided that as to each such device the sign area does not exceed six square feet;
Signs not exceeding six square feet each which contain only noncommercial messages including designation of restrooms, telephone location, restrictions on smoking, door openings, and private traffic control and parking signs;
One sign, not to exceed six square feet in area, per parking lot entrance identifying the business served and providing driving and parking information;
Business signs, not to exceed two square feet in area per sign face, containing information on credit cards and business affiliations;
Wall signs of no greater than ten square feet and installed no higher than the interior ceiling of the first floor level;
Artisan Signs provided that the artisan or other person placing such sign has made and maintains the deposit set forth in subsection B., below.
Financier’s Signs provided that the financier or other person placing such sign has made and maintains the deposit set forth in subsection B., below.
Portable Signs.

Effective on: 1/1/1901

Sec. 5.301 General Standards

Effective on: 1/1/1901

Sec. 5.302 Rural and Residential Districts

Prohibited Signs. The following signs are prohibited in the RU, ER, SR, GR, UR, RT, CP and NC zoning districts :

All signs set forth in Section 5.202, Prohibited Signs; Special Exemptions with Written Permit, subsection A.;
Internally Illuminated Signs;
Any sign set back less than five feet from any public right-of-way;
Any sign if its highest point is,
1. For a ground sign, more than 10 feet above ground level
2. For a wall sign, higher than the roof line; and
Any sign not expressly permitted in subsections B. or C. of this Section.

Construction signs;
Real estate signs, as shown in Table 5.302, Maximum Real Estate Sign Areas:

Table 5.302: Maximum Real Estate Sign Areas
Type of Structure or Use	Maximum Sign Area
Single-family residences Duplexes Individual apartments in multi-family buildings Vacant land in the ER, SR, and NC districts	8 sq. ft.
Multi-family buildings Institutions Vacant land in the RU, GR, UR, RT, CP and RU districts	32 sq. ft.

1. Signs advertising private garage sales not to exceed six square feet in area;
2. Campaign signs which comply with Section 5.307, Campaign Signs.
3. Home occupation signs;
4. House numbers, name plates for residential housing units identifying the occupancy and address of the premise, not to exceed two square feet in area;
5. Signs identifying the building name or occupancy and address of the building on fraternity, sorority and professional buildings, not to exceed eight square feet in area;
6. Integral signs;
7. Signs painted on or attached to vehicles bearing current license plates unless such signs are within the definition of Section 5.202, Prohibited Signs; Special Exemptions with Written Permit, subsection A.21;
8. Signs not exceeding six square feet in area total per building lot which contain only noncommercial messages;
9. Temporary subdivision signs of not more than 32 square feet in area, limited to one per roadway entrance;
10. Permanent subdivision signs of not more than 50 square feet and not more than two in number per subdivision;
11. Artisan signs;
12. Financier’s signs; and
13. Institution signs having a surface area of no more than 36 square feet.

UR, RT and CP Districts. For each building in a UR, RT or CP district, one wall sign is permitted in addition to the signage permitted by subsection A., above, provided that it is no greater than 10 square feet and installed no higher than the interior ceiling of the first floor level.
Illumination Regulations. If a sign is illuminated by light beamed or reflected upon it, direct rays of light shall not beam upon any part of any other lot nor into a street. A sign in direct line of vision of a traffic signal shall not be red, green, or amber in color. Internally illuminated signs are prohibited.
CA District for University Multi-Family. Sign regulation for lots in the CA District shall be as follows:
1. For parcels used as single-family or duplex residences, the sign regulations governing ER, SR, and NC districts;
2. For parcels used as a residence for more than two families (including dormitories, fraternity and sorority houses), the sign regulations governing UR, RT and CP districts;
3. For parcels owned and operated by a University for University-related purposes other than residences, the sign regulations governing the CG District. (Section 908)

Effective on: 1/1/1901

Sec. 5.303 Commercial Districts

Prohibited Signs. The following signs are prohibited in the CN, CG and BP districts:

All signs set forth in Section 5.202, Prohibited Signs; Special Exemptions with Written Permit, subsection A.;
Any sign not expressly permitted by this section.

Ground Signs Prohibited in CBD District. Ground signs are prohibited in the Central Business (CBD) district.

All signs set forth in Section 5.203, Exempt Signs;
Campaign signs which comply with Section 5.307, Campaign Signs; and
Real estate signs which do not exceed 32 square feet in area.
Signs, whether ground signs (except as prohibited by subsection B., above), projecting signs, or wall signs, identifying, advertising, calling attention to, or containing information about the business or activity conducted on the premises (except that automobile service stations shall comply with the provisions of Section 5.306, Light Automobile Service Signs).

Height Regulations.

Ground Signs. The maximum height of any portion of a permitted ground sign or ground sign structure shall be determined in Table 5.303.A., Maximum Height of Ground Signs. If a lot has frontage on more than one street, the calculation shall be based on the largest frontage.

Table 5.303.A.: Maximum Height of Ground Signs
Street Frontage	Maximum Height
150 ft. or less	15 ft.
150 ft. to 300 ft.	1 ft. of height for each 10 ft. of frontage
300 ft. or more	30 ft.

1. Wall Signs.
  1. Generally, no maximum height applies to wall signs which do not project in any part above the roof line. Any sign so projecting shall be subject to the height regulations for ground signs, and such shall be measured from the uppermost portion of the sign to ground level.
  2. In the CBD District, wall signs attached to the facade of buildings shall only be permitted in an area of the facade between the top of the ground floor windows and 12 inches below the bottom sill of the second floor windows (otherwise known as the "sign band"). The maximum vertical dimension of signage in this area shall be one and one-half feet in height. Wall signs shall have raised trim or a raised border of some fashion other than paint. Cabinet style signs, and internally illuminated signs are prohibited. Signage shall be constructed of high quality durable materials, flat, painted wooden boards (such as OSB or CDX plywood not part of a framed sign band) and plastic letters shall be prohibited sign materials. Signage shall be designed and installed by a registered sign contractor. See Figure 5.303.A., CBD Signage.

Figure 5.303.A.:
CBD Signage

1. 1. In the CBD District, individual raised letters and numbers within the field of a sign band shall be installed with equal top and bottom margins. Such signs shall be externally illuminated. Gooseneck style direct lighting is strongly encouraged. See Figure 5.303.B., Historical Wall Sign and External Lighting.
  2. In the CBD District, banners and/or similar signs of temporary nature are prohibited on the exterior of the building.

Figure 5.303.B.:
Historical Wall Sign and External Lighting

Historical Wall Sign and External Lighting

Surface Area Regulations. The combined surface area of all signs (whether ground signs, wall signs, or projecting signs, except that in the CBD district, projecting signs shall not be included) excluding exempt signs as set forth in Section 5.203, Exempt Signs; signs permitted pursuant to Section 5.202., Prohibited Signs; Special Exemptions with Written Permit, subsection B; real estate signs, and signs permitted by subsections I and J of this section on a lot or building shall not exceed the areas shown in Table 5.303.B., Maximum Sign Area. A business or activity with no ground floor frontage is not prohibited from displaying signage; however, the total area of all signs on the building shall not exceed that calculated on the basis of the businesses or activities located on the ground floor.

Table 5.303.B.: Maximum Sign Area
District	Permitted Sign Area per Lineal Foot of Building Frontage¹
Commercial, Neighborhood (CN) and nonresidential occupancies in the Residential Transition (RT) and Central Place (CP) districts	One square foot
Commercial, General (CG) and Business Park (BP)	Three square feet
Central Business (CBD)	Three square feet²
¹For purposes of calculation, each side of a building that abuts upon a public way shall be considered separate building frontage; however, the surface area of signage attributable to each frontage must face such frontage. ²For any one business or venture, three square feet of sign area for each linear foot of building frontage or 132 square feet, whichever is less. For purposes of the 132 square feet limitation for one business or venture, if such business has frontage on more than one public way, it shall have up to 132 square feet for each public way provided that the signage attributable to each frontage must face such frontage.

Projection Regulations.
1. CBD District.
  1. In the Central Business (CBD) district, no sign shall project more than 45 inches into the public way, sidewalk, or dedicated public easement all as determined, in case of dispute, by the City Engineer. Any such projecting sign shall be oriented so that the face surfaces of the sign are perpendicular to the face of the wall from which they project; provided, however, that a sign projecting from a point at which two walls meet to form a corner may be oriented in any direction.
  2. Projecting signs shall not exceed 1-1/2 inches in thickness.
2. Other Commercial Districts. Subject to the limitations set forth herein, projecting signs are permitted as follows:
  1. Attached to buildings in the CN district, provided that the building is set back a minimum of 20 feet from the public right-of-way;
  2. Attached to buildings with nonresidential occupancies in the RT and CP districts, provided that the building is set back a minimum of 15 feet from the public right-of-way;
  3. Attached to buildings in the CG and BP Districts.
3. Restrictions. Where permitted, projecting signs shall meet the following requirements:
  1. A maximum of one projecting sign per building or building lot, except that for buildings or building lots with more than one business or professional tenancy, each tenant may have one such projecting sign;
  2. The lowest part of such sign or structure encasing such sign is a minimum of eight feet above ground level;
  3. The projection from the building is not more than six feet (or, in the CBD district, 45 inches pursuant to subsection G.1., above) if the sign projects over a public right-of-way or sidewalk;
  4. No part of the sign is closer than 12 inches to a line extended vertically from the curb of a public street or alley; and
  5. The surface area of any sign shall not exceed:
    1. CN District: 12 square feet
    2. Nonresidential uses in the RT and CP districts: 16 square feet
    3. CG District: 20 square feet
    4. CBD District: Eight square feet
Illumination Regulations. If a sign is illuminated by light beamed or reflected upon it, direct rays of light shall not beam upon any part of any existing residential area nor into a residential district, nor into a street. A sign in direct line of vision of a traffic signal shall not be red, green, or amber in color. Illuminated signs are permitted in all commercial districts; however, in the CBD district, internally illuminated signs are prohibited.
Unified Shopping Centers. If, in a CN, CG, or RT district, the premises have three or more occupants each with a distinct business name, as in a unified shopping center under single ownership or control, one additional ground sign is permitted containing the name of the premises, the occupants thereof, and, if desired, a changeable copy sign. Such ground sign shall not exceed one square foot of sign area for each one linear foot of building frontage, but in no event shall the total surface area of such ground sign exceed 100 square feet. Such sign shall be in addition to the maximum surface area for such premises as set forth in subsection F., above. Large retail centers consisting of multiple buildings (3 or more) subject to these guidelines may have one multi-tenant monument type ground sign not taller than fifteen (15) feet per frontage.
Large Commercial Buildings.
1. For individual buildings (i.e. not in a Unified Shopping Center) in a CG or BP district, one additional ground sign is permitted if the following conditions are met:
  1. The premises have a minimum of 1,500 square feet of usable floor space;
  2. The building is set back from any street a minimum of 30 feet; and
  3. The sign does not exceed 40 feet in surface area.
2. Such sign shall be in addition to the maximum surface area for such premises as set forth in subsection F., above.
Moveable Signage Boards. Placement of moveable signage boards (e.g., to display daily specials, such as sandwich boards) shall be permitted according to the following:
1. Limited to one sign board per tenant/business with the total area of the sign not exceeding seven square feet per business.
2. All signage boards shall be professionally designed, printed and mounted on durable signage board.
3. Signage shall be limited to the advertisement and sales of merchandise or services directly associated with the business type.
4. Such signage shall be permitted to be displayed on pedestrian walkways located adjacent or nearly adjacent to the entrance of an establishment. Such signage shall not be placed in any drive or access area, nor placed within any landscape area. Such signage shall not be used as a replacement for directional signage.
5. Such signage shall be located a maximum of 10 feet from an public entrance to an establishment.
6. Such signage shall be brought inside at dusk or close of business day each day
7. Such signage shall not block or impede pedestrian rights of way or walkways
8. Such signage shall not be internally or externally directly illuminated.

Effective on: 1/1/1901

Sec. 5.304 Industrial Districts

Prohibited Signs. The following signs are prohibited in the Light Industrial (INL) and Heavy Industrial (INH) districts:

All signs set forth in Section 5.202, Prohibited Signs; Special Exemptions with Written Permit.
Any sign not expressly permitted by this section.

Permitted Signs. Subject to Section 5.202, Prohibited Signs; Special Exemptions with Written Permit, and to the regulations set forth in this section, the following signs are permitted in the Light Industrial (INL) and Heavy Industrial (INH) districts:

All signs set forth in Section 5.203, Exempt Signs;
Campaign signs that comply with Section 5.307, Campaign Signs;
Real estate signs which do not exceed 32 square feet in area;
Signs, whether ground signs, projecting signs, or wall signs, identifying, advertising, calling attention to, or containing information about the business or activity conducted on the premises (except that automobile service stations shall comply with the provisions of Section 5.306, Light Automobile Service Signs; and
Off-premise signs, subject to the limitations set forth subsection H. of this section.

Height Regulations.

Ground Signs.
1. The maximum height of any portion of a permitted ground sign or ground sign structure shall be determined as follows:
  1. Lots with street frontage of 150 feet or less: 15 feet
  2. Lots with street frontage of more than 150 feet but less than 300 feet: 1 foot of height for each 10 feet of street frontage
  3. Lots with 300 feet or more of street frontage: 30 feet
2. If a lot has frontage on more than one street, the calculation shall be based on the largest frontage.
Wall Signs. No maximum height applies to wall signs that do not project in any part above the roofline. Any sign so projecting shall be subject to the height regulations for ground signs, and such shall be measured from the uppermost portion of the sign to ground level.

No such sign shall exceed 100 square feet in surface area;
No part of such sign shall be closer than 300 feet from any part of any other sign, whether such other sign is an off-premise or on-premise sign.
No such sign shall be permitted within 600 feet of the right of way of US Highway 30/Morthland Drive or State Road 49.

Effective on: 1/1/1901

Sec. 5.305 Overlay Zones

Nothing in this Article shall be understood as repealing or otherwise modifying the sign regulations and requirements of the overlay zones established by Article 11, Design Standards.

Effective on: 1/1/1901

Sec. 5.306 Light Automobile Service Signs

Effective on: 1/1/1901

Sec. 5.307 Campaign Signs

Place and Manner. Campaign signs shall meet the following requirements:

Except for campaign signs on lawful billboards in Light Industrial (INL) and Heavy Industrial (INH) districts or on legal nonconforming billboards, a campaign sign shall not exceed eight square feet in surface area;
If two or more signs are joined together by any means, their combined display area per face shall not exceed eight square feet;
There is a maximum of two campaign signs per zoning lot;
In residential districts, campaign signs may not be internally illuminated;
In nonresidential districts, the illumination of campaign signs shall comply with the illumination regulations for such district;
All campaign signs must be set back a minimum of five feet from the public right-of-way;
No campaign sign shall be placed on public property, or in or on any roadway, parkway, alley, easement, or public right-of-way, or attached to any public utility pole, tree, or other appurtenance on public property;
No campaign sign shall be placed on private property without the express consent of the owner or occupier of the property;
No campaign sign shall be constructed, installed, placed, or maintained in such a way as to constitute a public nuisance or hazard; and
All campaign signs located on, attached to, within, or painted upon any motorized vehicle, including cars, trucks, pickups, campers, or vans shall not exceed eight square feet and shall not be placed so as to restrict the driver's vision of the road or rearview or sideview mirrors.

Required Bond.

City and County Elections. All city and county candidates who intend to display campaign signs shall post a $100.00 bond before any campaign sign shall be permitted, such bond to be filed with the City Clerk-Treasurer. The bond shall be returned to the candidate if all such candidate's campaign signs are removed within the prescribed time. If the candidate does not remove or cause the removal of all such campaign signs within the prescribed time, the bond shall be forfeited to the City and shall be used for the removal of such campaign signs.
State and National Elections. For any political party that intends to display campaign signs for its candidate(s) in a state or national election, whether primary or general, the chair of each recognized party shall submit one bond in the amount of $100.00 to cover all campaign signs for all state and national candidates running for public office under the auspices of that party, such bond to be filed with the City Clerk-Treasurer. The bond shall be returned to the chair if all such campaign signs are removed within the prescribed time. If the chair does not remove or cause the removal of all such campaign signs within the prescribed time, the bond shall be forfeited to the City and shall be used for the removal of such campaign signs.

Exemptions. This Section does not apply to campaign signs that are bumper stickers or to campaign signs in a parade for which a permit has been issued by the City of Valparaiso.

Effective on: 1/1/1901

Sec. 5.308 Temporary Signs

Effective on: 1/1/1901

Sec. 5.309 Snipe Signs

In addition to any and all other remedies set forth in this UDO for a violation thereof, the Building Commissioner or his/her designee may remove any snipe sign and confiscate it.

Effective on: 1/1/1901

Sec. 5.310 Window Signs

B. Window Sign Requirements.

1. Window signs shall not exceed 25 percent of the window area.

2. Window signs greater than 50 percent transparent, shall not exceed 33 percent of the window area.

3. Window signs shall not be included in the total allowable sign area.

4. Window Signs shall be reviewed by an Enforcement Official or Designee prior to installation.

Effective on: 1/1/1901

Sec. 5.401 Sign Construction Permit

Effective on: 1/1/1901

Sec. 5.402 Annual License Required

License Fees. The Building Commissioner shall maintain a schedule of license fees. The amounts for such licenses and renewals thereof shall be set from time to time by the City Common Council.

Renewal. Licenses may be renewed annually.

Forfeiture.

The Building Commissioner may revoke the Sign License of any person or firm if such person or firm:
1. Has been found to have committed three violations of this UDO;
2. Has ignored a Stop Order issued by the Building Commissioner;
3. Has commenced erection or construction of a non-exempt sign without obtaining a permit therefor; or
4. Has engaged in actions resulting in a forfeiture of the bond.
Such person or firm may apply for a new Sign License no sooner than six months after the date of revocation.

Presumption of Violator's Identity.

Unless circumstances clearly show otherwise, there exist the following presumptions in connection with any existing sign (including snipe signs) that violates any provision of this Article:
1. The sign was erected at its location by, or with the consent of, the owner and occupier of the site;
2. The sign was erected by, or with the consent of, the company or business advertised thereon; and
3. The sign was erected by, or with the consent of, the promoter of the item or event advertised thereon (including, in the case of the advertisement of available residential housing, the realtor or other promoter thereof).
Any person cited for a violation may rebut any such presumption by introducing evidence of the non-existence of the presumed fact sufficient to prove by a preponderance of the evidence that the presumed fact is not true.

Effective on: 1/1/1901

Sec. 5.403 Annual Bonding

Effective on: 1/1/1901

Valparaiso City Zoning Code

ARTICLE 5

Signs

DIVISION 5.100 PURPOSE AND APPLICABILITY

Sec. 5.101 Purpose

Generally. The purposes of this Article are the following:

To regulate, classify, restrict, and control the location, size, type and placement of all signs and sign structures;
To eliminate and prevent excessive and confusing sign displays which do not relate to the premises on which they are located within the city;
To preserve the natural beauty and environment which is instrumental in attracting those who come to visit, trade, attend school, or set up residence;
To safeguard, stabilize, and enhance property values;
To protect public and private investment in buildings and open spaces;
To ensure a consistent and appropriate aesthetic environment; and
To protect the public health, safety, and general welfare.

Effective on: 1/1/1901

Sec. 5.102 Applicability

Effective on: 1/1/1901

Sec. 5.201 Nonconforming Signs

Notification of Nonconformity.

After the enactment of this Article, the Building Commissioner or his/her designee shall, as soon as practicable, survey the City for signs that do not conform to the requirements of this Article. Upon determination that a sign is nonconforming, the Building Commissioner or his/her designee shall use reasonable efforts to so notify either personally or in writing the tenant or owner of the property on which the sign is located of the following:
1. The sign's nonconformity; and
2. Whether the sign is eligible for characterization either as legal nonconforming or unlawful.
If the owner or user of the sign or property on which the sign is located cannot be contacted, the notice may be affixed in a conspicuous place to the sign or to the business premises with which the sign is associated.

Signs Eligible for Characterization as Legal Nonconforming.

Any sign located within the City limits on the date of adoption of this Article that does not conform to the provisions of this Article is eligible for characterization as a "legal nonconforming" sign and is permitted, provided it also meets the following requirements:
1. The sign was approved by a sign permit or variance on the date of adoption of this Article if one was required under applicable law, or, if no sign permit was required under applicable law for the sign in question, the sign was in all respects in conformity with the applicable law immediately prior to the adoption of this Article or had legal nonconforming status at such time; and
2. The sign is a permanent sign.
If land is annexed to the City of Valparaiso after the effective date of this Article, any signs that do not conform to the provisions of this Article at such time shall have legal nonconforming status if:
1. Under applicable federal, state, and county regulations, the sign was legal in all respects immediately prior to annexation;
2. The sign is a permanent sign; and
3. The annexation was not conditioned upon the removal or modification of the sign.
Any nonconforming sign that does not fit the definition of a "legal nonconforming" sign is an unlawful sign. Except as provided subsection C. below, a legal nonconforming sign shall retain such status in perpetuity.

Loss of Legal Nonconforming Status.

A legal nonconforming sign shall immediately lose its legal nonconforming status if:
1. The sign or sign structure constitutes a threat to public health or safety;
2. Removal of the sign cabinet from the sign structure;
3. The permit, variance, or condition under which the sign was permitted expires; or
4. The sign or sign structure is structurally altered so as to prolong its expected life. Structural alterations that prolong the expected life of a sign or sign structure shall include, but not be limited to, the following: match plate alterations and repairs, cabinet alterations and repairs, the alteration, addition or replacement of structural components of the sign or sign structure, or repairs or alterations to load or wind bearing components of the sign structure or sign cabinet.
On the happening of any one of the above-listed items, the sign shall be immediately brought into conformance with this Article or shall be removed. The following shall not result in loss of legal nonconforming status:
1. Any changes of color, design, or message on the sign's face; and
2. Any modification to the sign or sign structure which does not constitute a structural modification.

Effective on: 1/1/1901

Sec. 5.202 Prohibited Signs; Special Exemptions with Written Permit

Portable Signs, except as otherwise expressly permitted by Section 5.308, Temporary Signs. Specifically, signs of this type shall be prohibited in the US 30 and State Road 49 Signature Corridor Overlay Districts;
Animated Signs;
Chaser Signs;
Flashing Signs;;
Wind Signs;
Any sign on a motor vehicle or on a semi-trailer with or without tractor that can be seen from the street if circumstances, including the absence of vehicular use and/or the fact that the vehicle or semi-trailer carries no current motor vehicle registration or license plate, demonstrate that the primary use for said vehicle or semi-trailer is the advertisement of a business, product, or service of a business located on the premises where such a vehicle is parked. (Trailers used for construction purposes during the course of construction on site are exempt from this section.) Any such sign advertising a business, product, or service not conducted or available on site is an off-premise sign;
Inflatable Displays.
Off-Premise Signs, except as expressly permitted in Light Industrial (INL) and Heavy Industrial (INH) districts. Specifically, signs of this type shall be prohibited in the US 30 and State Road 49 Signature Corridor Overlay Districts;
Any sign attached to or painted or otherwise rendered on a bench or seat is located outside a building or structure on a public sidewalk or right-of-way. (Such a sign on a bench or seat not on a public sidewalk or right-of-way is not prohibited by this provision but must comply with all other regulations and its surface area shall be included in the total allowable surface area permitted for the building);
Signs that advertise a business which has not been conducted within the past 90 days, or a product or service which has not been offered for sale within the past 90 days, on the premise where such sign is located; if otherwise in compliance with this Article, a sign may be located at such location indicating a move of such business to another location for a period of time not exceeding 90 days from the date of discontinuance of the business at the sign's location;
Signs that use string lights, rope lights, or any unshielded light within public view if used in connection with commerical premises for commerical purposes except that this shall not include:
1. Holiday Decorations at Holiday Time; or
2. Non-Flashing Neon Window Signs
Any sign or sign structure determined by the Building Commissioner to be:
1. Structurally unsafe; or
2. A hazard to safety or health by reason of inadequate maintenance, dilapidation, or abandonment.
Any sign that obstructs the vision of drivers, or unduly distracts the attention of drivers, or obstructs the visibility of any traffic sign or traffic control device by reason of size, location, coloring, or illumination;
Any sign that obstructs free ingress and egress from a required door, window, fire escape, or other exitway, and any other sign prohibited by the building code;
Signs with a commercial purpose that make use of words such as "Stop," "Look," or "Danger," or other similar words, phrases, symbols, or characters in such a manner as to imply the need of stopping or the existence of danger;
Any sign unlawfully installed, erected, or maintained;
Any sign or other advertising structure containing any obscene, indecent, or immoral matter;
Any sign placed or installed in or on any parkway, alley, public street, easement or right-of-way as established by the official thoroughfare plan except as may be authorized by the Board of Public Works and Safety;
Any sign not in compliance with Federal or State law;
Any sign that is constructed or installed in such a manner as to overhang a public street, sidewalk, or right-of-way, except as otherwise expressly permitted by this UDO;
Snipe Signs;
Signs that are accessory to an unlawful use.

Exemptions by Special Permit.

Exemptions for Grand Openings. A business or other venture commencing its activities on a site shall be, for a period of one week prior to such opening and for two weeks after such opening, if such business applies to the Building Commissioner for an exemption and pays a fee as set by the City Common Council, granted exemption from the prohibitions in items 1-6 in subsection A., above. The surface area of these signs shall not be counted toward the maximum sign surface area permitted, nor subject to any height regulation. Maximum one (1) sign per building frontage, the sign attributable to each frontage must face such frontage.
Exemptions for Special Promotions. Upon application to the Building Commissioner and payment of a fee as set by the City Common Council, a business or other venture engaging in special promotions shall be granted exemption from the prohibitions in items 1-6 in subsection A., above for a period or periods totaling up to 10 weeks per calendar year. The application shall indicate the exact period or periods of the special promotion(s). The surface area of these signs shall not be counted toward the maximum sign surface area permitted or subject to any height regulation. Maximum one (1) sign per building frontage, the sign attributable to each frontage must face such frontage.

Effective on: 1/1/1901

Sec. 5.203 Exempt Signs

Construction signs, provided that the contractor or other person placing such sign has made and maintains the deposit set forth in subsection B., below;
Real estate signs, except that if placed by any person or firm in the business of selling or brokering real estate, the exemption shall apply only if such person or firm has made and maintains the deposit set forth in subsection B., below;
Specific decorative displays used for holidays, public demonstrations or promotions of civic affairs or charitable activities, except that such may be situated on public property only if authorized by the Valparaiso Board of Public Works and Safety;
Signs advertising private garage sales;
Posters announcing special programs or events;
Campaign signs as permitted in Section 5.307, Campaign Signs, but not including campaign signs on billboards;
Home occupation signs;
Window Signs, provided they follow the requirements in Section 5.310, Window Signs;
House numbers, name plates for residential housing units identifying the occupancy and address of the premise, not to exceed two square feet;
Signs identifying the building name or occupancy and address of the building on fraternity, sorority and professional buildings, not to exceed eight square feet in area;
Integral signs;
Signs painted on or attached to vehicles bearing current license plates unless such signs are within the definition of Section 5.202, Prohibited Signs; Special Exemptions with Written Permit, subsection A.7;
Signs on vending machines, gas pumps, or ice containers indicating only the contents of such devices, provided that as to each such device the sign area does not exceed six square feet;
Signs not exceeding six square feet each which contain only noncommercial messages including designation of restrooms, telephone location, restrictions on smoking, door openings, and private traffic control and parking signs;
One sign, not to exceed six square feet in area, per parking lot entrance identifying the business served and providing driving and parking information;
Business signs, not to exceed two square feet in area per sign face, containing information on credit cards and business affiliations;
Wall signs of no greater than ten square feet and installed no higher than the interior ceiling of the first floor level;
Artisan Signs provided that the artisan or other person placing such sign has made and maintains the deposit set forth in subsection B., below.
Financier’s Signs provided that the financier or other person placing such sign has made and maintains the deposit set forth in subsection B., below.
Portable Signs.

Effective on: 1/1/1901

Sec. 5.301 General Standards

Effective on: 1/1/1901

Sec. 5.302 Rural and Residential Districts

Prohibited Signs. The following signs are prohibited in the RU, ER, SR, GR, UR, RT, CP and NC zoning districts :

All signs set forth in Section 5.202, Prohibited Signs; Special Exemptions with Written Permit, subsection A.;
Internally Illuminated Signs;
Any sign set back less than five feet from any public right-of-way;
Any sign if its highest point is,
1. For a ground sign, more than 10 feet above ground level
2. For a wall sign, higher than the roof line; and
Any sign not expressly permitted in subsections B. or C. of this Section.

Construction signs;
Real estate signs, as shown in Table 5.302, Maximum Real Estate Sign Areas:

Table 5.302: Maximum Real Estate Sign Areas
Type of Structure or Use	Maximum Sign Area
Single-family residences Duplexes Individual apartments in multi-family buildings Vacant land in the ER, SR, and NC districts	8 sq. ft.
Multi-family buildings Institutions Vacant land in the RU, GR, UR, RT, CP and RU districts	32 sq. ft.

1. Signs advertising private garage sales not to exceed six square feet in area;
2. Campaign signs which comply with Section 5.307, Campaign Signs.
3. Home occupation signs;
4. House numbers, name plates for residential housing units identifying the occupancy and address of the premise, not to exceed two square feet in area;
5. Signs identifying the building name or occupancy and address of the building on fraternity, sorority and professional buildings, not to exceed eight square feet in area;
6. Integral signs;
7. Signs painted on or attached to vehicles bearing current license plates unless such signs are within the definition of Section 5.202, Prohibited Signs; Special Exemptions with Written Permit, subsection A.21;
8. Signs not exceeding six square feet in area total per building lot which contain only noncommercial messages;
9. Temporary subdivision signs of not more than 32 square feet in area, limited to one per roadway entrance;
10. Permanent subdivision signs of not more than 50 square feet and not more than two in number per subdivision;
11. Artisan signs;
12. Financier’s signs; and
13. Institution signs having a surface area of no more than 36 square feet.

UR, RT and CP Districts. For each building in a UR, RT or CP district, one wall sign is permitted in addition to the signage permitted by subsection A., above, provided that it is no greater than 10 square feet and installed no higher than the interior ceiling of the first floor level.
Illumination Regulations. If a sign is illuminated by light beamed or reflected upon it, direct rays of light shall not beam upon any part of any other lot nor into a street. A sign in direct line of vision of a traffic signal shall not be red, green, or amber in color. Internally illuminated signs are prohibited.
CA District for University Multi-Family. Sign regulation for lots in the CA District shall be as follows:
1. For parcels used as single-family or duplex residences, the sign regulations governing ER, SR, and NC districts;
2. For parcels used as a residence for more than two families (including dormitories, fraternity and sorority houses), the sign regulations governing UR, RT and CP districts;
3. For parcels owned and operated by a University for University-related purposes other than residences, the sign regulations governing the CG District. (Section 908)

Effective on: 1/1/1901

Sec. 5.303 Commercial Districts

Prohibited Signs. The following signs are prohibited in the CN, CG and BP districts:

All signs set forth in Section 5.202, Prohibited Signs; Special Exemptions with Written Permit, subsection A.;
Any sign not expressly permitted by this section.

Ground Signs Prohibited in CBD District. Ground signs are prohibited in the Central Business (CBD) district.

All signs set forth in Section 5.203, Exempt Signs;
Campaign signs which comply with Section 5.307, Campaign Signs; and
Real estate signs which do not exceed 32 square feet in area.
Signs, whether ground signs (except as prohibited by subsection B., above), projecting signs, or wall signs, identifying, advertising, calling attention to, or containing information about the business or activity conducted on the premises (except that automobile service stations shall comply with the provisions of Section 5.306, Light Automobile Service Signs).

Height Regulations.

Ground Signs. The maximum height of any portion of a permitted ground sign or ground sign structure shall be determined in Table 5.303.A., Maximum Height of Ground Signs. If a lot has frontage on more than one street, the calculation shall be based on the largest frontage.

Table 5.303.A.: Maximum Height of Ground Signs
Street Frontage	Maximum Height
150 ft. or less	15 ft.
150 ft. to 300 ft.	1 ft. of height for each 10 ft. of frontage
300 ft. or more	30 ft.

1. Wall Signs.
  1. Generally, no maximum height applies to wall signs which do not project in any part above the roof line. Any sign so projecting shall be subject to the height regulations for ground signs, and such shall be measured from the uppermost portion of the sign to ground level.
  2. In the CBD District, wall signs attached to the facade of buildings shall only be permitted in an area of the facade between the top of the ground floor windows and 12 inches below the bottom sill of the second floor windows (otherwise known as the "sign band"). The maximum vertical dimension of signage in this area shall be one and one-half feet in height. Wall signs shall have raised trim or a raised border of some fashion other than paint. Cabinet style signs, and internally illuminated signs are prohibited. Signage shall be constructed of high quality durable materials, flat, painted wooden boards (such as OSB or CDX plywood not part of a framed sign band) and plastic letters shall be prohibited sign materials. Signage shall be designed and installed by a registered sign contractor. See Figure 5.303.A., CBD Signage.

Figure 5.303.A.:
CBD Signage

1. 1. In the CBD District, individual raised letters and numbers within the field of a sign band shall be installed with equal top and bottom margins. Such signs shall be externally illuminated. Gooseneck style direct lighting is strongly encouraged. See Figure 5.303.B., Historical Wall Sign and External Lighting.
  2. In the CBD District, banners and/or similar signs of temporary nature are prohibited on the exterior of the building.

Figure 5.303.B.:
Historical Wall Sign and External Lighting

Historical Wall Sign and External Lighting

Surface Area Regulations. The combined surface area of all signs (whether ground signs, wall signs, or projecting signs, except that in the CBD district, projecting signs shall not be included) excluding exempt signs as set forth in Section 5.203, Exempt Signs; signs permitted pursuant to Section 5.202., Prohibited Signs; Special Exemptions with Written Permit, subsection B; real estate signs, and signs permitted by subsections I and J of this section on a lot or building shall not exceed the areas shown in Table 5.303.B., Maximum Sign Area. A business or activity with no ground floor frontage is not prohibited from displaying signage; however, the total area of all signs on the building shall not exceed that calculated on the basis of the businesses or activities located on the ground floor.

Table 5.303.B.: Maximum Sign Area
District	Permitted Sign Area per Lineal Foot of Building Frontage¹
Commercial, Neighborhood (CN) and nonresidential occupancies in the Residential Transition (RT) and Central Place (CP) districts	One square foot
Commercial, General (CG) and Business Park (BP)	Three square feet
Central Business (CBD)	Three square feet²
¹For purposes of calculation, each side of a building that abuts upon a public way shall be considered separate building frontage; however, the surface area of signage attributable to each frontage must face such frontage. ²For any one business or venture, three square feet of sign area for each linear foot of building frontage or 132 square feet, whichever is less. For purposes of the 132 square feet limitation for one business or venture, if such business has frontage on more than one public way, it shall have up to 132 square feet for each public way provided that the signage attributable to each frontage must face such frontage.

Projection Regulations.
1. CBD District.
  1. In the Central Business (CBD) district, no sign shall project more than 45 inches into the public way, sidewalk, or dedicated public easement all as determined, in case of dispute, by the City Engineer. Any such projecting sign shall be oriented so that the face surfaces of the sign are perpendicular to the face of the wall from which they project; provided, however, that a sign projecting from a point at which two walls meet to form a corner may be oriented in any direction.
  2. Projecting signs shall not exceed 1-1/2 inches in thickness.
2. Other Commercial Districts. Subject to the limitations set forth herein, projecting signs are permitted as follows:
  1. Attached to buildings in the CN district, provided that the building is set back a minimum of 20 feet from the public right-of-way;
  2. Attached to buildings with nonresidential occupancies in the RT and CP districts, provided that the building is set back a minimum of 15 feet from the public right-of-way;
  3. Attached to buildings in the CG and BP Districts.
3. Restrictions. Where permitted, projecting signs shall meet the following requirements:
  1. A maximum of one projecting sign per building or building lot, except that for buildings or building lots with more than one business or professional tenancy, each tenant may have one such projecting sign;
  2. The lowest part of such sign or structure encasing such sign is a minimum of eight feet above ground level;
  3. The projection from the building is not more than six feet (or, in the CBD district, 45 inches pursuant to subsection G.1., above) if the sign projects over a public right-of-way or sidewalk;
  4. No part of the sign is closer than 12 inches to a line extended vertically from the curb of a public street or alley; and
  5. The surface area of any sign shall not exceed:
    1. CN District: 12 square feet
    2. Nonresidential uses in the RT and CP districts: 16 square feet
    3. CG District: 20 square feet
    4. CBD District: Eight square feet
Illumination Regulations. If a sign is illuminated by light beamed or reflected upon it, direct rays of light shall not beam upon any part of any existing residential area nor into a residential district, nor into a street. A sign in direct line of vision of a traffic signal shall not be red, green, or amber in color. Illuminated signs are permitted in all commercial districts; however, in the CBD district, internally illuminated signs are prohibited.
Unified Shopping Centers. If, in a CN, CG, or RT district, the premises have three or more occupants each with a distinct business name, as in a unified shopping center under single ownership or control, one additional ground sign is permitted containing the name of the premises, the occupants thereof, and, if desired, a changeable copy sign. Such ground sign shall not exceed one square foot of sign area for each one linear foot of building frontage, but in no event shall the total surface area of such ground sign exceed 100 square feet. Such sign shall be in addition to the maximum surface area for such premises as set forth in subsection F., above. Large retail centers consisting of multiple buildings (3 or more) subject to these guidelines may have one multi-tenant monument type ground sign not taller than fifteen (15) feet per frontage.
Large Commercial Buildings.
1. For individual buildings (i.e. not in a Unified Shopping Center) in a CG or BP district, one additional ground sign is permitted if the following conditions are met:
  1. The premises have a minimum of 1,500 square feet of usable floor space;
  2. The building is set back from any street a minimum of 30 feet; and
  3. The sign does not exceed 40 feet in surface area.
2. Such sign shall be in addition to the maximum surface area for such premises as set forth in subsection F., above.
Moveable Signage Boards. Placement of moveable signage boards (e.g., to display daily specials, such as sandwich boards) shall be permitted according to the following:
1. Limited to one sign board per tenant/business with the total area of the sign not exceeding seven square feet per business.
2. All signage boards shall be professionally designed, printed and mounted on durable signage board.
3. Signage shall be limited to the advertisement and sales of merchandise or services directly associated with the business type.
4. Such signage shall be permitted to be displayed on pedestrian walkways located adjacent or nearly adjacent to the entrance of an establishment. Such signage shall not be placed in any drive or access area, nor placed within any landscape area. Such signage shall not be used as a replacement for directional signage.
5. Such signage shall be located a maximum of 10 feet from an public entrance to an establishment.
6. Such signage shall be brought inside at dusk or close of business day each day
7. Such signage shall not block or impede pedestrian rights of way or walkways
8. Such signage shall not be internally or externally directly illuminated.

Effective on: 1/1/1901

Sec. 5.304 Industrial Districts

Prohibited Signs. The following signs are prohibited in the Light Industrial (INL) and Heavy Industrial (INH) districts:

All signs set forth in Section 5.202, Prohibited Signs; Special Exemptions with Written Permit.
Any sign not expressly permitted by this section.

Permitted Signs. Subject to Section 5.202, Prohibited Signs; Special Exemptions with Written Permit, and to the regulations set forth in this section, the following signs are permitted in the Light Industrial (INL) and Heavy Industrial (INH) districts:

All signs set forth in Section 5.203, Exempt Signs;
Campaign signs that comply with Section 5.307, Campaign Signs;
Real estate signs which do not exceed 32 square feet in area;
Signs, whether ground signs, projecting signs, or wall signs, identifying, advertising, calling attention to, or containing information about the business or activity conducted on the premises (except that automobile service stations shall comply with the provisions of Section 5.306, Light Automobile Service Signs; and
Off-premise signs, subject to the limitations set forth subsection H. of this section.

Height Regulations.

Ground Signs.
1. The maximum height of any portion of a permitted ground sign or ground sign structure shall be determined as follows:
  1. Lots with street frontage of 150 feet or less: 15 feet
  2. Lots with street frontage of more than 150 feet but less than 300 feet: 1 foot of height for each 10 feet of street frontage
  3. Lots with 300 feet or more of street frontage: 30 feet
2. If a lot has frontage on more than one street, the calculation shall be based on the largest frontage.
Wall Signs. No maximum height applies to wall signs that do not project in any part above the roofline. Any sign so projecting shall be subject to the height regulations for ground signs, and such shall be measured from the uppermost portion of the sign to ground level.

No such sign shall exceed 100 square feet in surface area;
No part of such sign shall be closer than 300 feet from any part of any other sign, whether such other sign is an off-premise or on-premise sign.
No such sign shall be permitted within 600 feet of the right of way of US Highway 30/Morthland Drive or State Road 49.

Effective on: 1/1/1901

Sec. 5.305 Overlay Zones

Nothing in this Article shall be understood as repealing or otherwise modifying the sign regulations and requirements of the overlay zones established by Article 11, Design Standards.

Effective on: 1/1/1901

Sec. 5.306 Light Automobile Service Signs

Effective on: 1/1/1901

Sec. 5.307 Campaign Signs

Place and Manner. Campaign signs shall meet the following requirements:

Except for campaign signs on lawful billboards in Light Industrial (INL) and Heavy Industrial (INH) districts or on legal nonconforming billboards, a campaign sign shall not exceed eight square feet in surface area;
If two or more signs are joined together by any means, their combined display area per face shall not exceed eight square feet;
There is a maximum of two campaign signs per zoning lot;
In residential districts, campaign signs may not be internally illuminated;
In nonresidential districts, the illumination of campaign signs shall comply with the illumination regulations for such district;
All campaign signs must be set back a minimum of five feet from the public right-of-way;
No campaign sign shall be placed on public property, or in or on any roadway, parkway, alley, easement, or public right-of-way, or attached to any public utility pole, tree, or other appurtenance on public property;
No campaign sign shall be placed on private property without the express consent of the owner or occupier of the property;
No campaign sign shall be constructed, installed, placed, or maintained in such a way as to constitute a public nuisance or hazard; and
All campaign signs located on, attached to, within, or painted upon any motorized vehicle, including cars, trucks, pickups, campers, or vans shall not exceed eight square feet and shall not be placed so as to restrict the driver's vision of the road or rearview or sideview mirrors.

Required Bond.

City and County Elections. All city and county candidates who intend to display campaign signs shall post a $100.00 bond before any campaign sign shall be permitted, such bond to be filed with the City Clerk-Treasurer. The bond shall be returned to the candidate if all such candidate's campaign signs are removed within the prescribed time. If the candidate does not remove or cause the removal of all such campaign signs within the prescribed time, the bond shall be forfeited to the City and shall be used for the removal of such campaign signs.
State and National Elections. For any political party that intends to display campaign signs for its candidate(s) in a state or national election, whether primary or general, the chair of each recognized party shall submit one bond in the amount of $100.00 to cover all campaign signs for all state and national candidates running for public office under the auspices of that party, such bond to be filed with the City Clerk-Treasurer. The bond shall be returned to the chair if all such campaign signs are removed within the prescribed time. If the chair does not remove or cause the removal of all such campaign signs within the prescribed time, the bond shall be forfeited to the City and shall be used for the removal of such campaign signs.

Exemptions. This Section does not apply to campaign signs that are bumper stickers or to campaign signs in a parade for which a permit has been issued by the City of Valparaiso.

Effective on: 1/1/1901

Sec. 5.308 Temporary Signs

Effective on: 1/1/1901

Sec. 5.309 Snipe Signs

In addition to any and all other remedies set forth in this UDO for a violation thereof, the Building Commissioner or his/her designee may remove any snipe sign and confiscate it.

Effective on: 1/1/1901

Sec. 5.310 Window Signs

B. Window Sign Requirements.

1. Window signs shall not exceed 25 percent of the window area.

2. Window signs greater than 50 percent transparent, shall not exceed 33 percent of the window area.

3. Window signs shall not be included in the total allowable sign area.

4. Window Signs shall be reviewed by an Enforcement Official or Designee prior to installation.

Effective on: 1/1/1901

Sec. 5.401 Sign Construction Permit

Effective on: 1/1/1901

Sec. 5.402 Annual License Required

License Fees. The Building Commissioner shall maintain a schedule of license fees. The amounts for such licenses and renewals thereof shall be set from time to time by the City Common Council.

Renewal. Licenses may be renewed annually.

Forfeiture.

The Building Commissioner may revoke the Sign License of any person or firm if such person or firm:
1. Has been found to have committed three violations of this UDO;
2. Has ignored a Stop Order issued by the Building Commissioner;
3. Has commenced erection or construction of a non-exempt sign without obtaining a permit therefor; or
4. Has engaged in actions resulting in a forfeiture of the bond.
Such person or firm may apply for a new Sign License no sooner than six months after the date of revocation.

Presumption of Violator's Identity.

Unless circumstances clearly show otherwise, there exist the following presumptions in connection with any existing sign (including snipe signs) that violates any provision of this Article:
1. The sign was erected at its location by, or with the consent of, the owner and occupier of the site;
2. The sign was erected by, or with the consent of, the company or business advertised thereon; and
3. The sign was erected by, or with the consent of, the promoter of the item or event advertised thereon (including, in the case of the advertisement of available residential housing, the realtor or other promoter thereof).
Any person cited for a violation may rebut any such presumption by introducing evidence of the non-existence of the presumed fact sufficient to prove by a preponderance of the evidence that the presumed fact is not true.

Effective on: 1/1/1901

Sec. 5.403 Annual Bonding

Effective on: 1/1/1901