Zionsville City Zoning Code

SIGN REGULATIONS

§ 194.160 INTENT, APPLICATION AND FINDINGS.

(A) Intent, application.

(1) This subchapter creates the legal framework for sign regulations that are intended to facilitate an easy and agreeable communication between people. It is recognized that signs serve an important function and, therefore, the reasonable and adequate display of signs is permitted under the provisions of this subchapter.

(2) The intent of these sign regulations is to:

(a) Create a comprehensive and balanced system of sign control that accommodates both the need for a well-maintained, safe and attractive community, and the need for effective business identification and communication;

(b) Encourage signs which, by their design, are integrated with and harmonious to the buildings and sites which they occupy;

(d) Preserve and improve the appearance of the town as an attractive place in which to live and work and as an attraction to non-residents who come to visit or trade;

(e) Safeguard and enhance property values;

(f) Support and complement land use objectives of the Comprehensive Plan and this chapter;

(g) Protect public and private investment in buildings and open spaces;

(h) Eliminate potential hazards to motorists and pedestrians resulting from signs; and

(i) Promote the public health, safety, morals and general welfare of the town.

(3) The regulations contained in this subchapter shall apply to the location, erection and maintenance of signs in any zoning district regulated by this chapter.

(B) Findings.

(1) The Town Council finds:

(a) The manner of the erection, location and maintenance of signs affects the public health, safety, morals and the public welfare of the people of this community;

(b) The safety of motorists, pedestrians and other users of the public street and property is affected by the number, size, location and appearance of signs that are intended to and result in the diversion of the attention of the groups listed;

(c) The construction, erection and maintenance of signs suspended or projecting from, or placed on the tops of, buildings, walls or other structures may constitute a direct danger to pedestrian and vehicular traffic below. Especially during period of strong winds; and to effective firefighting and other emergency services; and

(d) Uncontrolled and unlimited signs may result in a roadside clutter that impedes the flow of information from businesses to consumers thereby harming the economic health of the community, and that impedes the flow of information from traffic signs and signals creating hazards to motorists and pedestrians.

(2) It is therefore necessary for the promotion and preservation of the public health, safety and welfare of the people of this community, as well as to preserve the Zionsville theme, that the erection, connection, location and maintenance of signs be regulated and controlled.

(Ord. 2000-16, passed 8-28-2000, § 6.1)

§ 194.161 URBAN EXEMPT SIGNS.

Unless otherwise specifically stated, signs that comply with the provisions contained in this section shall be exempt from all other provisions of this chapter, except the provisions for a vision clearance area, as specified in § 194.021 of this chapter, which shall apply:

(A) Highlighting of structural/architectural elements of buildings, such as roof lines, doors, window or wall edges, by illumination shall not be considered a sign, nor regulated by this chapter; provided, however, if such highlighting or outlining contains text or logos, such items shall be considered signs and regulated by this chapter according to the sign type and district in which it is located. Highlighting or outlining of structural/architectural elements of buildings using exposed neon or similar tubing (to include, but not be limited to high intensity fluorescent (HIF) tubing, incandescent tubing, halogen high intensity discharge systems and light-emitting diode (LED) tubing), shall be prohibited. In no case shall such building lighting be flashing or animated;

(B) Flags, pennants, emblems or insignia of any nation, state or political subdivision shall be permitted; provided, the setback requirements for signs, and the maximum height requirements for buildings and structures in the applicable district, are met;

(C) Integral, decorative or architectural features of buildings, so long as such features or works do not contain logos, letters or trademarks, except as noted in division (E)(4) below;

(D) Interior signs, signs located:

(1) Within the interior of any building, or within an enclosed lobby or court of any building; or

(2) Located within the inner or outer lobby, court or entrance of any theater, that are not viewable or intended to be viewable from the public right-of-way and do not qualify as “window signs”, as herein defined.

(E) Miscellaneous signs, including, but not be limited to:

(1) Signs giving property identification, names or numbers of occupants, and containing two square feet or less in sign surface area;

(2) Signs posted on private property relating to private property, private parking, no trespassing or danger from animals and containing two square feet or less in sign surface area;

(3) Signs indicating the location of public telephones and restrooms, underground public utilities or similar location signs and containing four square feet or less in sign surface area; and

(4) Signs which are integral to the building and indicating the name of the building, date of erection, monumental citations, commemorative tablets and the like, when carved into stone, concrete or similar material or made of bronze, aluminum or other permanent type construction and made an integral part of the building.

(F) Official signs authorized by a government or governmental subdivision which give traffic, directional or warning information, and signs of public service companies indicating danger and aide to service or safety which are erected by, or on the order of, a public officer in the performance of their public duty;

(G) Signs required or specifically authorized for a public purpose by any law, statute or ordinance, which may be any type, number, area, height above grade, location or illumination required by the law, statute or ordinance under which the signs are erected;

(H) Seasonal or holiday displays; provided, they contain no commercial message, are primarily decorative in nature, and are clearly incidental and commonly associated with any national or religious holiday;

(I) Tombstones;

(J) One temporary building identification banner may be allowed:

(1) Upon approval of an application for a permanent building identification sign;

(2) Not to exceed 60 days from the approval or installation of the permanent building identification sign;

(3) The temporary banner shall not be larger than 32 square feet; and

(4) There shall be no permit or fee for this temporary banner.

(K) Signs related to grand openings or town-recognized special events; provided that, the maximum sign surface area of each such sign shall not exceed 32 square feet. Signs permitted under this section include pennants and banners:

(1) For grand openings. Signs for grand opening may be erected on-premises only not more than ten days prior to the grand opening and shall be removed no more than five days after the event. In no case shall such signs remain on the premises for more than 30 consecutive days; and

(2) For town-recognized special events. Signs for town-recognized special events may be erected on-premises or off-premises. Such signs may be erected throughout the year; however, the maximum number of days such signs may be displayed shall not exceed a total of 30 days per year.

(L) Temporary signs:

(1) (a) One temporary freestanding sign shall be permitted on a lot, subject to the following setback requirements (measured from the centerline of the public way):

1. Temporary sign with a setback of less than 34.99 feet:

a. Maximum sign surface area: six square feet; and

b. Maximum sign height: four and one-half feet, measured from grade to the top of the sign face.

2. Temporary sign with a setback of 35 feet but no greater than 44.99 feet:

a. Maximum sign surface area: 16 square feet; and

b. Maximum sign height: eight feet measured from grade to the top of the sign face.

3. Temporary sign with a setback greater than 45 feet:

a. Maximum sign surface area: 32 square feet; and

b. Maximum sign height: eight feet measured from grade to the top of the sign face.

(b) In no case shall a temporary freestanding sign be located in the public right-of-way, nor within the vision clearance area;

(c) Temporary window sign, in all districts, shall not exceed 5% of the window on which it is placed or through which it is viewed.

(2) In no case shall any temporary sign be allowed to remain for a period longer than one year.

(3) A temporary sign which is for a specific event, service or activity shall be posted no more than 30 days prior to the event, service or activity, and shall be removed within five days of the conclusion of such event, service or activity.

(4) A temporary sign shall be permitted on a lot only upon prior authorization by the owner of the lot.

(5) Any sign which meets the ordinance definition of an on-premises business sign shall not be considered or allowed as a temporary sign.

(Ord. 2000-16, passed 8-28-2000, § 6.2; Ord. 2008-08, passed 5-5-2008; Ord. 2008-09, passed 5-5-2008; Ord. 2015-04, passed 3-2-2015)

§ 194.162 URBAN PROHIBITED SIGNS.

The following signs shall be prohibited in all zoning districts:

(A) Signs located on, in or above the right-of-way of any street or alley, except for:

(1) Official signs or signs erected on behalf of or pursuant to authorization of a governmental body; or

(2) Projecting signs as permitted by § 194.165 of this chapter.

(B) Signs which interfere with street intersections. No sign, permanent or temporary, shall be erected so that it interferes with the vision clearance area provided for in § 194.021 of this chapter;

(C) Signs which interfere with, obstruct the view of, or could be confused with any authorized traffic sign, signal or device;

(D) Outline lighting of lot lines or open sales areas;

(E) Portable signs, including, but not limited to: a-or t -frame signs; signs on trailer frames; menu and sandwich board signs; balloon signs; wind signs; umbrellas used for advertising; and, signs attached to or painted on a vehicle parked and visible from the public right-of-way; provided, however, a vehicle which is used in the normal day-to-day operation of the business shall not be considered a portable sign;

(F) Any rotating beam, beacon, intermittent light, lights of changing degrees of intensity or flashing, animated or scrolling illumination, including, but not limited to, electronic variable message signs, in connection with any sign surface;

(G) Signs attached to trees;

(H) Signs attached to utility poles, except for signs erected on behalf of or pursuant to authorization of a governmental body;

(I) Pennants, banners, streamers and wind signs, except that pennants and banners may be used in connection with a special event as provided for by § 194.161(K) of this chapter;

(J) Signs that bear or contain statements, words or pictures of an obscene, pornographic, immoral character or which contain advertising matter which is untruthful or will offend public morals or decency; and

(K) Signs or any portion thereof which moves or assumes any motion or gives the illusion of moving.

(Ord. 2000-16, passed 8-28-2000, § 6.3)

§ 194.163 URBAN GENERAL REGULATIONS.

The following regulations shall apply to signs in all districts.

(A) Computation of area of individual signs. The area of a sign face (which is also the sign area of a wall sign or other sign with only one face) shall be computed by means of the smallest square, rectangle or combination thereof that will encompass the extreme limits of the writing, representation, emblem or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework, bracing or decorative fence or wall when such fence of wall otherwise meets ordinance regulations and is clearly incidental to the display itself. (See Figure 5, Diagram 1, for illustrative guides to computation methods.)

(B) Computation of area of multi-faced signs. The sign area for a sign with more than one face shall be computed by adding together the sign area of all sign faces viewable from any one point. When two sign faces are placed back to back, or at no greater than 15 degrees from one another, so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same sign structure and are not more than 42 inches apart, the sign area shall be computed by the measurement of one of the faces. (See Figure 7 for illustrative guides to computation methods.)

(C) Computation of sign height. The height of a sign shall be computed as the distance from the base of the sign or sign structure at grade (exclusive of any filling, berming, mounding or excavating solely for the purpose of locating the sign), to the top of the highest attached component of the sign.

(D) Grade mounding. Earth mounding, inconsistent with the ground level of the land surrounding the sign structure, shall be included in the measurement of the sign height. (See also division (C) above.)

(E) Maintenance and restoration of legally established non-conforming signs and sign structures. Any legally established non-conforming sign shall be permitted without alteration in size or location. Maintenance of such signs shall not include any changes made to the size, height or bulk of the sign or the temporary or permanent removal of the sign. If such sign is damaged exceeding two-thirds u of its replacement value, it shall not be rebuilt except in conformance with the provisions of this chapter; provided, however, that, nothing herein shall prevent maintenance, repainting or posting of legally established non-conforming signs.

(F) Number of faces permitted on a freestanding identification sign. Unless specifically restricted by this chapter, a sign may contain more than one sign face, and may be two-sided; provided, all other provisions of this chapter shall be met.

(G) Use of neon in sign illumination. Exposed neon or similar tubing (to include, but not be limited to, high intensity fluorescent (HIF) tubing, incandescent tubing, halogen high intensity discharge systems (HID) and light-emitting diode (LED) tubing), shall not be utilized as an external illumination component of any sign. Neon or similar tubing noted above may be utilized to internally illuminate a sign.

(H) Illuminated signs.

(1) No sign within 600 feet of any R district or within an R district shall be illuminated between the hours of 11:00 p.m. and 6:00 a.m.

(a) Exceptions:

1. Legally established ground identification signs, as referenced in § 194.166 of this chapter, service recorded, platted residential subdivisions located within the R-SF-1, R-SF-2, R-SF-3 or R-SF-4 Districts.

2. Signs which are visibly obstructed from any adjacent R Districts.

(2) Lighting directed towards a sign shall be shielded so that it illuminates only the sign surface and does not shine on, cause glare to or otherwise impair the vision of the driver of any motor vehicle traveling on a public right-of-way.

(3) Signs that are illuminated shall not create glare or light spillage across the lot lines. The illumination level of a sign shall not exceed one footcandle when measured at the lot line.

(4) This division (H) shall not apply to the following:

(a) Signs that constitute an integral part of a vending machine, telephone booth, device that indicates time or weather conditions or similar device whose principal function is not to convey an advertising message; or

(b) Signs that do not exceed two square feet in area and that convey the message that a business enterprise is open or closed or that a place of lodging does or does not have a vacancy.

(I) Cutting of trees or shrubs. No person, for the purpose of increasing or enhancing the visibility of any sign, shall damage, trim, destroy or remove any trees, shrubs or other vegetation located:

(1) Within any public street right-of-way unless the work is done pursuant to the express written authorization of the governmental department having jurisdiction over said public street;

(2) On property that is not under ownership or control of the person doing or responsible for such work unless the work is done pursuant to the express authorization of the person owning the property where such trees or shrubs are located; or

(3) In any area where such trees or shrubs are required to remain under a permit issued under this chapter.

(J) Maintenance of signs. Nothing contained in this chapter shall be construed to prevent the maintenance, repainting or posting of legally established signs. Maintenance shall include the replacement of sign surfaces within a sign structure; provided that, the sign structure is not removed or changed in any dimension.

(K) Awning, canopy and marquee signs. In any district in which building identification wall signs are permitted, except for those in the VBD District, which shall be regulated by § 194.165(B)(3) of this chapter, the use of an awning, canopy or marquee sign shall be allowed and considered wall signs subject to the following provisions:

(1) The total area of the awning, canopy or marquee (i.e., the combined two dimensional surface area of all sides of the awning, canopy or marquee) shall not exceed the sign surface area for wall signs allocated to the facade of the building upon which the awning, canopy or marquee is attached;

(2) The portion of the awning, canopy or marquee which includes a sign surface shall not exceed:

(a) Forty percent of the total area of an awning or canopy; or

(b) Seventy-five percent of the total area of a marquee.

(3) The bottom edge of the awning, canopy or marquee shall:

(a) Not be less than ten feet above grade over a walkway; or

(b) Not be less than 15 feet above grade over a driveway or interior access drive.

(4) The maximum projection of an awning, canopy or marquee shall not extend more than eight feet from or beyond its supporting building; and, not extend any closer to an imaginary perpendicular vertical plane located at the street pavement line, curb or outside edge of sidewalk than three feet. An awning, canopy or marquee is in compliance with the above regulations and may project into the air rights of a public right-of-way if approval for such encroachment into the air rights of a public right-of- way is obtained from the governmental authority having jurisdiction prior to the placement of the awning, canopy or marquee.

(5) Awnings and canopies shall not be illuminated from the inside or backside.

(L) Freestanding on-premises signs as accessory structures. Freestanding on-premises signs and sign structures are hereby declared to be accessory structures. As accessory structures, freestanding on-premises signs and sign structures may not occupy a lot without a primary use or building also being legally located on the lot.

(M) Removal of freestanding on-premises signs. Notwithstanding anything contained in § 194.019 of this chapter to the contrary, freestanding on-premises signs, including business identification signs and incidental signs, and sign structures, shall be subject to the following removal provisions.

(1) When the building, or any business, product, activity or service offered on the premise not located in a building, is removed, any on-premises sign and sign structure located on the lot to identify such building, business, product, activity or service shall also be removed coincidently with the removal of such building, business, product, activity or service. Any new on-premises sign or sign structure located after such coincident removal shall be located in compliance with the provisions of this chapter.

(2) When a legally established non-conforming building, or any business, product, activity or service not located in a building, suffers a partial destruction in excess of two-thirds of the gross floor area and such building, business, product, activity or service must be removed and brought into compliance with the terms of this chapter, any on-premises sign or sign structure located on the lot shall also be brought into compliance with the terms of this chapter.

(3) Within 30 days after any lawful non-conforming sign or sign structure meet the ordinance definition of an abandoned sign, the sign or sign structure shall be removed.

(N) Gasoline service station signs. Gasoline service stations shall be subject to the following exceptions.

(1) If a freestanding business identification sign is permitted, such business identification sign may contain pricing information.

(2) Business identification signs may be located on a gasoline island canopy, spandrels or pump islands, provided that such signs do not exceed 5% of the surface area of the facade of the canopy, spandrel or pump island upon which the sign is located.

(3) Business identification signs may be located on either a spandrel or a pump island, but not both.

(O) Changeable copy signs. Changeable copy signs shall be permitted as part of an otherwise permitted identification sign; provided that:

(1) If a single use site, a maximum of one changeable copy sign shall be permitted which may be part of either a freestanding identification sign or a wall sign;

(2) If an integrated center, either one changeable copy sign shall be permitted as part of a freestanding identification sign, or each individual use with an integrated center shall be permitted one changeable copy sign as part of a wall sign.

(3) A changeable copy sign may be used as part of either a freestanding identification sign or as part of a wall sign, but not both.

(4) The changeable copy sign shall not exceed 40% of the sign surface area of the permitted identification sign.

(a) Area of copy. The entire area within a single, continuous perimeter composed of squares or rectangles, which enclose the extreme limits of the advertising message, announcement or decoration of a fascia or wall sign.

(b) Area of sign. The area of the largest single face of the sign within a perimeter which forms the outside shape including any frame, forms an integral part of the display, but excluding the necessary supports or uprights on which the sign may be placed. If the sign consists of more than one section or module, all areas shall be calculated.

(Ord. 2000-16, passed 8-28-2000, § 6.4; Ord. 2015-01, passed - -2015; Ord. 2020-01, passed 1-6-2020)

§ 194.164 URBAN ON-PREMISES SIGNS: BUSINESS AND INDUSTRIAL DISTRICTS.

(Except for the VBD, Village Business District)

(A) Maximum number of signs permitted. No individual business shall be permitted more than four identification signs (i.e., any combination of freestanding, building, suspended, projecting or window signs). In order to qualify as an individual business entitled to signs, there shall be a separate exterior entrance to the business operation or tenant space. Sign panels identifying a business on freestanding identification signs for integrated centers shall count toward the total number of signs permitted for an individual business.

(B) Freestanding identification signs for single use sites.

(1) Type of signs. Freestanding identification signs shall be permitted as follows: ground signs -all business and industrial districts.

(2) Number of signs.

(a) One freestanding identification sign shall be permitted for each street frontage of a lot.

(b) When a lot has more than one street frontage and qualifies for an additional freestanding identification sign, the minimum separation between freestanding identification signs on the lot, regardless of the orientation of the freestanding identification signs, shall be 100 feet.

(c) Exception: when a lot has frontage in excess of 500 feet on the same street, one additional freestanding identification sign shall be permitted on that street for each additional 500 feet of frontage; provided that:

1. The minimum separation between freestanding identification signs along the same street shall be 300 feet;

2. The additional freestanding identification sign is oriented to the street with frontage in excess of 500 feet; and

3. The total sign surface area of all freestanding identification signs does not exceed the maximum sign surface area permitted below.

(3) Maximum sign surface area of freestanding signs.

(a) Maximum sign surface area shall apply individually to each street frontage.

(b) The maximum sign surface area for single use sites shall not exceed:

Street Frontage	Maximum Sign Surface Area
Less than 300 feet	24 square feet
For each additional linear foot of street frontage	0.25 square foot of additional sign surface area
NOTES TO TABLE: Provided, however, that, no freestanding sign shall exceed 72 square feet for single use sites.

(4) Minimum front, side and rear setback for freestanding identification signs.

(a) Front yard setback.

1. The minimum front yard setback for any freestanding identification sign shall be:

a. Required front yard: ten feet from the proposed right-of-way; and

b. Required front bufferyard: 20 feet from the proposed right-of-way.

2. In a case where a proposed right-of-way line does not exist, as determined by the transportation plan, or where the existing right-of-way is greater, the existing right-of-way line shall be used for the setback measurement.

(b) Side and rear yard setback or side and rear bufferyard setback. The minimum side or rear yard setback for a freestanding identification sign shall be the greater of five feet or that required for any building or structure in the applicable zoning district.

(5) Maximum height of freestanding identification signs. Ground sign: the maximum height of a freestanding ground identification sign shall not exceed six feet in height above grade.

(6) Landscaping. Freestanding identification signs for single use sites shall be surrounded by a landscaped area at least equal to the sign area of the sign erected. Landscaping shall consist of living vegetation (annuals, perennials, ornamental grasses, hedge plants or trees) and natural ground cover materials. Loose stone, rock or gravel may be used as a landscaping accent, but shall not exceed 20% of the landscaped area. Plant materials used to satisfy this provision shall not be used to satisfy the calculations of landscaping required by any other provisions of this chapter.

(1) Type of signs. Freestanding identification signs shall be permitted as follows:

(a) Ground signs: all business and industrial districts; and

(b) Pylon signs: B-1, B-2, B-3, all industrial districts.

(2) Number of signs.

(a) One freestanding identification sign, which shall include the name of the integrated center, shall be permitted for each street frontage of an integrated center.

(b) When an integrated center has more than one street frontage and qualifies for an additional freestanding identification sign, the minimum separation between freestanding identification signs on the integrated center, regardless of the orientation of the freestanding identification signs, shall be 100 feet.

(c) Exception: when an integrated center has frontage in excess of 300 feet on the same street, one additional freestanding identification sign shall be permitted on that street; provided that:

1. The minimum separation between freestanding identification signs along the same street is 300 feet;

2. The additional freestanding identification sign is oriented to the street with frontage in excess of 300 feet; and

3. The total sign surface area of all freestanding identification signs does not exceed the maximum sign surface area permitted below.

(3) Maximum sign surface area of freestanding signs for an integrated center.

(a) Maximum sign surface area shall apply individually to each street frontage. The maximum sign surface area shall not exceed:

Street Frontage Maximum	Sign Surface Area
Less than 300 feet	64 square feet foot
For each additional linear foot of street frontage	0.50 square foot of additional sign surface area

(b) Provided, however, that, no freestanding sign shall exceed 200 square feet for integrated centers.

(4) Minimum front, side and rear setback for freestanding identification signs.

(a) Front setback.

1. The minimum front setback for any freestanding identification sign shall be:

a. Required front yard: ten feet from the proposed right-of-way; and

b. Required front bufferyard: 20 feet from the proposed right-of-way.

(b) Side and rear setback or side and rear bufferyard setback. The minimum side or rear yard setback for a freestanding identification sign shall be the greater of ten feet or that required for any building or structure in the applicable zoning district.

(5) Maximum height of freestanding identification signs. The maximum height of a freestanding identification sign shall be determined by the location of the freestanding identification sign in relation to the required front, side and rear yards for the site.

(a) Front yard height to setback formula. Freestanding identification signs may have a maximum height of up to six feet above grade level when located at the minimum required front yard or minimum required front bufferyard setback. The maximum height may be increased by one foot in height for each additional one foot of setback from the minimum required front yard or minimum required front bufferyard setback until the maximum height allowed for the applicable type of sign structure is reached.

(b) Side and rear yard height to setback formula. Freestanding identification signs may have a maximum height of up to six feet above grade level when located at the minimum required side or rear yard or minimum required side or rear bufferyard setback. The maximum height may be increased by one foot in height for each additional one foot of setback from the minimum required side or rear yard or minimum required side or rear bufferyard setback until the maximum height allowed for the applicable type of sign structure is reached.

1. Ground sign: the maximum height of a freestanding ground identification sign shall not exceed six feet in height above grade; and

2. Pylon sign: the maximum height of a freestanding pylon.

(6) Landscaping.

(a) Freestanding identification signs for integrated centers shall be surrounded by a landscaped area at least equal to the sign area of the sign erected.

(b) Identification sign shall not exceed 15 feet in height above grade.

(c) Landscaping shall consist of living vegetation (annuals, perennials, ornamental grasses, hedge plants or trees) and natural ground cover materials. Loose stone, rock or gravel may be used as a landscaping accent, but shall not exceed 20% of the landscaped area. Plant materials used to satisfy this provision shall not be used to satisfy the calculation of landscaping required by any other provisions of this chapter.

(D) Building identification signs.

(1) Type of signs. Building identification signs shall be limited to wall and projecting signs.

(2) Number of building identification signs. Except as restricted by the provisions of division (A) above, there shall be no limit to the number of wall building identification signs per facade; provided that, the total sign surface area of all wall signs located on each building facade shall not exceed the maximum sign surface area for the building facade upon which such signs are located.

(3) Maximum sign surface area of building identification signs.

(a) The total sign surface area of all building identification signs oriented to an individual facade shall not exceed:

1. Front facade: 5% of the total area of the front facade of the structure or tenant space;

2. Side and rear facades: 3% of the side or rear facade of the structure or tenant space; and

3. The linear measurement of a business identification wall sign shall not exceed 80% of the linear width of the facade of the structure or tenant space on which the sign is located.

(b) Provided that, for any building which has more than one street frontage, the maximum sign surface area of 5% shall apply to all building facades with street frontages. A building facade shall be determining to have street frontage when it is parallel to the street or is at no greater than a 45-degree angle to the street.

(4) Additional requirements for projecting signs.

(a) Maximum height of projecting signs. Projecting signs shall not extend above the roof line.

(b) Maximum projection from building for projecting signs. No projecting sign or sign structure supporting a projecting sign shall extend more than six feet from or beyond its supporting building.

(c) Public right-of-way clearance. No projecting sign or sign structure shall extend any closer than two feet to an imaginary perpendicular vertical plane located at the street pavement line, curb or outside edge of sidewalk.

1. Exception. A projecting sign may encroach into the above described clearance area and/or air rights of a public right-of-way if approval for such encroachment is obtained from the governmental authority having jurisdiction over said right-of-way prior to the placement of the projecting sign.

(d) Maximum height above grade for a projecting sign. The bottom edge of a projecting sign shall not be less than nine feet above grade over a sidewalk or walkway or 15 feet above grade over any type of street, alley, drive or driveway.

(e) Maximum sign area. Maximum sign area permitted for a projecting sign shall be 38 square feet.

(E) Incidental signs.

(1) Type of signs. Incidental signs shall be ground or wall signs.

(2) Number of signs.

(a) If a lot or integrated center has one driveway, zero incidental directional signs shall be permitted at the driveway entrance or exit.

(b) If a lot or integrated center has more than one driveway, one incidental directional sign shall be permitted for each driveway.

(c) One incidental directional sign or one incidental parking and loading sign shall be permitted at each critical turning point along an interior access drive when required to safely direct vehicular traffic (e.g., to direct vehicular traffic to: a drive-up window; a customer or employee parking area; or a delivery or loading area).

(3) Maximum sign surface area of incidental signs in the business districts. Incidental signs shall not exceed six square feet in sign surface area per sign.

(4) Maximum sign surface area of incidental signs in the I-ORT, I-2 and I-3 Districts.

(a) Incidental directional signs shall not exceed six square feet in sign surface area per sign.

(b) Incidental parking and loading signs shall not exceed 32 square feet in sign surface area per sign.

(5) Minimum front, side and rear yard setback for freestanding incidental signs.

(a) Front yard setback or front bufferyard setback: three feet from proposed right-of-way. In a case where a proposed right-of-way line does not exist, as determined by the transportation plan, or where the existing right-of-way is greater, the existing right-of-way line shall be used for the setback measurement.

(b) Side and rear yard setback or side and rear bufferyard setback: the same as required for any building or structure in the applicable zoning district.

(6) Maximum height of incidental signs. The maximum height of a freestanding incidental ground sign shall not exceed:

(a) Incidental directional signs shall not exceed two and one-half feet in height above grade; and

(b) Incidental parking and loading signs shall not exceed four feet in height above grade.

(F) Suspended signs in integrated centers. Suspended signs shall be permitted on any building containing two or more individual, non-related and separately operated uses subject to the following regulations.

(1) There shall be no more than one suspended sign per grade-level tenant.

(2) The maximum sign surface area of a suspended sign shall not exceed five square feet.

(3) All portions of the suspended sign or sign structure shall be not less than eight feet above the sidewalk or finished grade.

(G) Window signs.

(1) The sign copy area shall not exceed 5% of the window surface area on which it is placed or through which it is viewed.

(2) The sign surface area of window signs shall be calculated separately from the calculation of other building identification signs and shall not be included in the total area of other building identification signs permitted.

(H) Development plan approval required.

(1) All freestanding and building identification signs in the business and industrial districts shall be subject to the filing of a development plan for review and approval by the Building Commissioner as set forth in §§ 194.125 through 194.128 of this chapter.

(2) Development plan approval petitions for signs in the business and industrial districts shall be submitted as a part of the application for an improvement location permit for signs.

(3) The Building Commissioner shall grant development plan approval upon written finding that the proposed freestanding or building identification sign:

(a) Is consistent with and harmonious to the buildings and sites which they occupy;

(b) Represents a use of design features which will enhance the use or value of area properties;

(d) Is consistent with the intent and purpose of this chapter.

(Ord. 2000-16, passed 8-28-2000, § 6.5; Ord. 2020-01, passed 1-6-2020)

§ 194.165 URBAN ON-PREMISES SIGNS: VBD VILLAGE BUSINESS DISTRICT.

(A) Freestanding identification signs in the VBD -Village Business District.

(1) Type of freestanding identification signs permitted. Freestanding identification signs shall be ground signs; provided, however, freestanding identification signs shall not be permitted on a street frontage when the lot contains a building that has less than a ten-foot setback from that street.

(2) Maximum number of freestanding identification signs.

(a) One freestanding identification sign shall be permitted for each street frontage of a lot.

(3) Maximum sign surface area of freestanding identification signs. Maximum sign surface area shall apply individually to each street frontage. The maximum sign surface area shall not exceed 12 square feet per street frontage.

(4) Minimum front setback for freestanding identification signs. There shall be no minimum required front setback for freestanding identification signs; provided, however, such signs shall not encroach into any public right-of-way, sidewalk or any vision clearance area.

(5) Maximum height of freestanding identification signs. The maximum height of a freestanding identification sign shall not exceed four feet in height above grade.

(B) Building identification signs in the VBD -Village Business District.

(1) Types of building identification signs permitted.

(a) Lower level building identification wall signs shall be wall signs, suspended signs, projecting signs awning signs or canopy signs.

(b) Upper level building identification signs shall be wall signs.

(2) Maximum number of building identification signs. Each tenant space within a building shall be permitted a maximum of two signs, which may be wall, projecting, awning or canopy signs. In addition, each tenant space shall be permitted one suspended sign, per division (B)(3) below; provided, however, the total sign surface area for the building shall not be exceeded.

(3) Requirements for lower level building identification signs. Any building identification signs located on the first 26 feet of building height or the actual building height. Whichever is less, shall be considered a lower level building identification sign.

(a) Total sign surface area of lower level building identification signs.

1. The total sign surface area of all lower level building identification signs oriented to an individual facade shall not exceed:

a. Front facade: 5% of the total area of the first 26 feet or the actual building height, whichever is lesser of front facade of a building; and

b. Side and rear facades: 3% of the total area of the first 26 feet or the actual building height, whichever is lesser, of a side or rear facade of a building.

2. Provided that, for any building which has more than one street frontage, the maximum sign surface area of 5% shall apply to all building facades with street frontages.

(b) Illumination of lower level building identification signs. Lower level building identification signs shall not be internally illuminated.

1. Maximum height of lower level projecting signs. Projecting signs shall not extend above the roof line.

2. Maximum projection from building for lower level projecting signs. No projecting sign or sign structure supporting a projecting sign shall extend more than six feet from or beyond its supporting building.

3. Public right-of-way clearance. No projecting sign or sign structure shall extend any closer than two feet to an imaginary perpendicular vertical plane located at the street pavement line, curb or outside edge of sidewalk.

a. Exception. A projecting sign may encroach into the above described clearance area and/or air rights of a public right-of-way if approval for such encroachment is obtained from the governmental authority having jurisdiction over said right-of-way prior to the placement of the projecting sign.

4. Minimum height above grade for a lower level projecting sign. The bottom edge of a projecting sign shall not be less than nine feet above grade over a sidewalk or walkway or 15 feet above grade over any type of street, alley, drive or driveway.

5. Maximum sign area. Maximum sign area permitted for a lower level projecting sign shall be 12 square feet.

6. Internal illumination. Lower level projecting signs shall not be internally illuminated.

(d) Additional provisions for lower level suspended signs.

1. Maximum sign surface area for suspended signs. The maximum sign surface area for a suspended sign shall not exceed five square feet.

2. Maximum number of lower level suspended signs. One suspended sign shall be permitted per each building facade (if containing a single use) or grade level tenant space (if the building contains more than one business).

3. Minimum height above grade for lower level suspended signs. All portions of any suspended sign or sign structure shall be not less than eight feet above the sidewalk or finished grade.

(e) Additional provisions for lower level awning or canopy signs. Awnings or canopies, as regulated in § 194.062(C)(7) of this chapter, may contain signs, subject to the following provisions.

1. The total area of the awning or canopy (i.e., the combined two dimensional surface area of all sides of the awning or canopy) shall not exceed the sign surface area allocated to the facade of the building upon which the awning or canopy is attached.

2. The portion of the awning or canopy which includes a sign surface shall not exceed 25% of the total area of an awning or canopy.

3. Awnings or canopies shall be neither internally illuminated. Nor illuminated from inside or underneath the awning or canopy in such a manner that the entire awning or canopy is lit up.

(4) Requirements for upper level building identification signs. Any building identification signs located above the first 26 feet of building height shall be considered an upper level building identification sign.

(a) Total sign surface area of upper level building identification signs. The total sign surface area of all upper level building identification signs oriented to an individual facade shall not exceed: front, side or rear facade: 2.5% of the total area of the applicable facade of a building located above 26 feet above grade.

(b) Illumination of upper level building identification signs. Upper level building identification signs shall not be internally illuminated.

(1) Type of incidental signs. Incidental signs shall be wall signs.

(2) Number of incidental signs. There shall be no limit on the number of incidental wall signs and such signs shall be exempt from the total number of building identification signs permitted by section division (B)(2) above. However, such signs shall be calculated in the total sign surface area for the building facade on which they are placed.

(D) Window signs (building identification and incidental). The provisions of divisions (B) and (C) above shall not apply to window signs. Window signs shall comply separately with the following.

(1) Maximum number of window signs. There shall be no limit on the number of window signs permitted.

(2) Maximum area of window coverage for window signs. The sign copy area shall not exceed 10% of the window surface area on which it is placed or through which it is viewed.

(3) Illumination of window signs. Window signs shall not be internally illuminated.

(E) Development plan approval required.

(1) All freestanding and building identification signs in the VBD District shall be subject to the filing of a development plan for review and approval by the Building Commissioner as set forth in §§ 194.125 through 194.128 of this chapter.

(2) Development plan approval petitions for signs in the VBD District shall be submitted as a part of the application for an improvement location permit for signs.

(3) The Building Commissioner shall grant development plan approval upon written finding that the proposed freestanding or building identification sign:

(a) Is consistent with and harmonious to the buildings and sites which they occupy;

(b) Represents a use of design features which will enhance the use or value of area properties;

(d) Is consistent with the intent and purpose of this chapter.

(Ord. 2000-16, passed 8-28-2000, § 6.6; Ord. 2020-01, passed 1-6-2020)

§ 194.166 URBAN ON-PREMISES SIGNS: SIGNS IN RESIDENTIAL AND OPEN LAND DISTRICTS.

(A) Signs permitted in the O-1 District and R-SF-1, R-SF-2, R-SF-3, R-SF-4 Districts.

(1) Individual lots containing single-family dwellings, two-family dwellings. Residential facilities for the mentally ill, residential facilities for the developmentally disabled, and child care home uses shall be permitted one ground identification or building identification sign per street frontage of the lot, identifying the name or address of the occupant; provided:

(a) The maximum sign surface area shall not exceed two square feet;

(b) The sign shall be constructed of a material(s) which blends in with the residential character of the neighborhood, such as but not limited to, wood or stone;

(d) The maximum height of a ground identification sign shall not exceed four feet;

(e) The sign shall not interfere with the vision clearance area as specified in § 194.021 of this chapter; and

(f) The sign shall not be internally illuminated.

(2) Signs for recorded, platted residential subdivisions in the R-SF-1, R-SF-2, R-SF-3 and R-SF-4 Districts. In addition to signs permitted in division (A) above for individual lots, a recorded, platted residential subdivision also shall be permitted the following signs: two ground identification signs shall be permitted at each entrance to a recorded, platted residential subdivision; provided:

(a) The signs shall indicate only the name of the subdivision;

(b) The signs shall not exceed 24 square feet in sign surface area each. If a sign is located on a fence or wall, only the area of the actual sign itself shall be calculated in determining the maximum sign surface area, not the fence or wall itself. Fence or wall height shall comply with § 194.095 of this chapter;

(d) The signs shall not encroach into any public right-of-way;

(e) The signs shall not interfere with the vision clearance area as specified in § 194.021 of this chapter;

(f) Only one sign shall be permitted in each quadrant of an intersection;

(g) The signs shall not be internally illuminated; and

(h) The signs shall be surrounded by a landscaped area at least equal to the sign area of the signs erected. Landscaping shall consist of living vegetation (annuals, perennials, ornamental grasses, hedge plants or trees) and natural ground cover materials. Loose stone, rock or gravel may be used as a landscaping accent, but shall not exceed 20% of the landscaped area. Plant materials used to satisfy this provision shall not be used to satisfy the calculations of landscaping required by any other provisions of this chapter.

(3) Option: Entryway Feature.

(a) Applicability: Major subdivisions may have the option of one entryway feature per entrance from a perimeter road and/or entryway from another subdivision. This option, if chosen, shall replace signs itemized in § 194.166(A)(2), noted above.

(b) Limitations: The entryway feature shall not interfere with the vision clearance area as specified in § 194.021 of this chapter; nor shall it encroach into any easements and/or right-of-way per § 194.018, itemization of its footprint as common area and/or landscape easement, shall be maintained by the Home Owners Association and not adjacent lot owner(s).

(c) Size: The sign portion of the entryway feature shall indicate the name of the subdivision and shall not exceed 30 square feet.

(d) Height: Average overall height of hardscape shall not exceed 15 feet above grade and should be in proportion and scale of the development and entryway. Hardscape accent points may exceed this maximum (i.e. cupola, spire, etc.) as long as accent points are not utilized in a manner that would be interpreted as establishing a new average height. Height of sign portion of the entryway feature shall not exceed six feet from grade to top of sign, wherever located within the entryway feature.

(e) Landscaping: The sign portion of the entryway feature shall be significantly subordinate to the hardscape and landscaping curation of the overall entryway feature.

(f) Lighting: Shall comply with § 194.113.

(B) Signs permitted in the R-MF-1 and R-MF-2 Districts. Multi-family dwelling uses shall be permitted two ground identification signs at each entrance to a multi-family dwelling project; provided:

(1) The signs shall indicate only the name, address of the management thereof or associated information of the multi-family dwelling project;

(2) Each sign shall not exceed 24 square feet in sign surface area each. If a sign is located on a fence or wall, only the area of the actual sign itself shall be calculated in determining the maximum sign surface area, not the fence or wall itself. Fence or wall height shall comply with § 194.095 of this chapter;

(3) The signs shall maintain a minimum front yard setback of ten feet from the proposed right-of-way. In the case where a proposed right-of-way line does not exist, as determined by the transportation plan, or where the existing right-of-way is greater, the existing right-of-way line shall be used for the setback measurement. The signs shall maintain a minimum side and rear yard setback consistent with the requirements for an accessory structure in the district to which the real estate is zoned;

(4) The maximum height of a ground identification sign shall not exceed four feet;

(5) The signs shall not interfere with the vision clearance area as specified in § 194.021 of this chapter; and

(6) The signs shall not be internally illuminated.

(7) The signs shall be surrounded by a landscaped area at least equal to the sign area of the sign erected. Landscaping shall consist of living vegetation (annuals, perennials, ornamental grasses, hedge plants or trees) and natural ground cover materials. Loose stone, rock or gravel may be used as a landscaping accent, but shall not exceed 20% of the landscaped area. Plant materials used to satisfy this provision shall not be used to satisfy the calculations of landscaping required by any other provisions of this chapter.

(C) Signs permitted for business and other uses permitted by special exception in the O-1 District and the R districts. The following regulations shall apply to all businesses and other uses permitted in the residential districts by special exception.

(1) Freestanding identification signs.

(a) Type of signs. Freestanding identification signs shall be ground signs.

(b) Number of signs. One freestanding identification sign shall be permitted for each street frontage of a lot.

(c) Maximum sign surface area of freestanding identification signs. Maximum sign surface area shall not exceed 24 square feet.

(d) Minimum front, side and rear yard setback for freestanding identification signs.

1. Front yard setback: ten feet from proposed right-of-way. In the case where a proposed right-of-way line does not exist, as determined by the transportation plan, or where the existing right-of-way is greater, the existing right-of-way line shall be used for the setback measurement.

2. Side and rear yard setback: the minimum side or rear yard setback for a freestanding identification sign shall be the same as required for an accessory structure in the applicable zoning district.

(e) Maximum height of freestanding identification signs. The maximum height of a ground identification sign shall not exceed four feet in height above grade.

(f) Landscaping. The sign shall be surrounded by a landscaped area at least equal to the sign area of the sign erected. Landscaping shall consist of living vegetation (annuals, perennials, ornamental grasses, hedge plants or trees) and natural ground cover materials. Loose stone, rock or gravel may be used as a landscaping accent, but shall not exceed 20% of the landscaped area. Plant materials used to satisfy this provision shall not be used to satisfy the calculations of landscaping required by any other provisions of this chapter.

(2) Building identification signs.

(a) Type of signs. Building identification signs shall be wall signs.

(b) Number of building identification signs. There shall be no limit, to the number of wall building identification signs; provided that, the total sign surface area of all wall identification signs located on a building shall not exceed the maximum sign surface area for the building.

1. The total sign surface area of all building identification signs oriented to an individual facade shall not exceed:

a. Front facade: 3% of the total area of a front facade of a building. For any building which has more than one street frontage, the maximum sign surface area of 3% shall apply to all building facades with street frontages. A building facade shall be determined to have street frontage when it is parallel to the street or is at no greater than a 45-degree angle to the street.

b. Side and rear facades: 2.5% of a side or rear facade of building.

2. Provided that, for any building which has more than one street frontage, the maximum building identification sign surface area of 3% shall apply to all building facades with street frontages.

(D) Incidental signs. In addition to signs permitted in divisions (B) and (C) above, incidental signs shall be permitted in the R-MF-1 and R-MF-2 Districts, and shall apply to all businesses and other uses permitted in the R districts by special exception.

(1) Incidental signs; type of signs. Incidental signs shall be ground or wall signs.

(2) Number of signs.

(a) If a lot has one driveway, zero incidental directional signs shall be permitted at the driveway entrance or exit.

(b) If a lot has more than one driveway, one incidental directional sign shall be permitted for each driveway.

(c) One incidental directional sign or one incidental parking and loading sign shall be permitted at each critical turning point along an interior access drive when required to safely direct vehicular traffic (e.g., to direct vehicular traffic to: a customer or employee parking area; or a delivery or loading area).

(3) Maximum sign surface area of incidental signs. Incidental signs shall not exceed two square feet in sign surface area.

(4) Minimum front, side and rear yard setback for freestanding, incidental signs.

(a) Front yard setback: three feet from proposed right-of-way. In the case where a proposed right-of-way line does not exist, as determined by the transportation plan, or where the existing right-of-way is greater, the existing right-of-way line shall be used for the setback measurement.

(b) Side and rear yard setback: the minimum side or rear yard setback for a freestanding incidental sign shall be the same as required for an accessory structure in the applicable zoning district.

(5) Maximum height of incidental signs. The maximum height of a freestanding, incidental ground sign shall not exceed two and one-half feet in height above grade.

(E) Development plan approval required.

(1) All freestanding and building identification signs in the R districts shall be subject to the filing of a development plan for review and approval by the Building Commissioner as set forth in §§ 194.125 through 194.128 of this chapter.

(2) Development plan approval petitions for signs in the R districts shall be submitted as a part of the application for an improvement location permit for signs.

(3) The Building Commissioner shall grant development plan approval upon written finding that the proposed freestanding or building identification sign:

(a) Is consistent with and harmonious to the buildings and sites which they occupy;

(b) Represents a use of design features which will enhance the use or value of area properties;

(d) Is consistent with the intent and purpose of this chapter.

(Ord. 2000-16, passed 8-28-2000, § 6.7; Ord. 2020-01, passed 1-6-2020)

§ 194.167 URBAN ON-PREMISES SIGNS: SIGNS IN SPECIAL USE DISTRICTS.

(A) Maximum number of signs permitted. No individual special use shall be permitted more than four identification signs (i.e., any combination of freestanding, building, suspended or window signs).

(B) Freestanding identification signs for single use sites.

(1) Type of signs. Freestanding identification signs shall be ground signs.

(2) Number of signs.

(a) One freestanding identification sign shall be permitted for each street frontage of a lot.

1. The minimum separation between freestanding identification signs along the same street shall be 300 feet;

2. The additional freestanding identification sign is oriented to the street with frontage in excess of 500 feet; and

3. The total sign surface area of all freestanding identification signs does not exceed the maximum sign surface area permitted below.

(3) Maximum sign surface area of freestanding signs.

(a) Maximum sign surface area shall apply individually to each street frontage. The maximum sign surface area shall not exceed:

Street Frontage	Maximum Sign Surface Area
Less than 300 feet	24 square feet for each additional linear foot of street frontage
	0.25 square foot of additional sign frontage surface area

(b) Provided, however, that, no freestanding sign shall exceed 72 square feet.

(4) Minimum front, side and rear setback for freestanding identification signs.

(a) 1. Front yard setback: the minimum front yard setback for any freestanding identification sign shall be:

a. Required front yard: ten feet from the proposed right-of-way; and

b. Required front bufferyard: 20 feet from the proposed right-of-way.

2. In the case where a proposed right-of-way line does not exist, as determined by the transportation plan, or where the existing right-of-way is greater, the existing right-of-way line shall be used for the setback measurement.

(b) Side and rear yard setback or side and rear bufferyard setback: the minimum side or rear yard setback for a freestanding identification sign shall be the greater of five feet or that required for any building or structure in the applicable zoning district.

(5) Maximum height of freestanding identification signs. Ground sign: the maximum height of a freestanding ground identification sign shall not exceed six feet in height above grade.

(6) Landscaping. Freestanding identification signs shall be surrounded by a landscaped area at least equal to the sign area of the sign erected. Landscaping shall consist of living vegetation (annuals, perennials, ornamental grasses, hedge plants or trees) and natural ground cover materials. Loose stone, rock or gravel may be used as a landscaping accent, but shall not exceed 20% of the landscaped area. Plant materials used to satisfy this provision shall not be used to satisfy the calculations of landscaping required by any other provisions of this chapter.

(7) Illumination. Freestanding identification signs shall not be internally illuminated.

(1) Type of signs. Building identification signs shall be limited to wall signs and suspended signs.

(2) Number of building identification signs. One wall building identification sign per tenant space per facade. In addition, each tenant space shall be permitted one suspended sign, per division (C)(4) below.

(3) Maximum sign surface area of building identification signs. The total sign surface area of all building identification signs. Including wall and suspended signs, oriented to an individual facade shall not exceed:

(a) Front facade: 3% of the total area of the front facade of the structure or tenant space. For any building which has more than one street frontage, the maximum sign surface area of 3% shall apply to all building facades with street frontages. A building facade shall be determining to have street frontage when it is parallel to the street or is at no greater than a 45-degree angle to the street.

(b) Side and rear facades: 2.5% of the side or rear facade of the structure or tenant space; and

(c) The linear measurement of a business identification wall sign shall not exceed 80% of the linear width of the facade of the structure or tenant space on which the sign is located.

(4) Additional provisions for lower level suspended signs.

(a) Maximum sign surface area for suspended signs. The maximum sign surface area for a suspended sign shall not exceed five square feet.

(b) Maximum number of lower level suspended signs. One suspended sign shall be permitted per each building facade.

(c) Minimum height above grade for lower level suspended signs. All portions of any suspended sign or sign structure shall be not less than eight feet above the sidewalk or finished grade.

(D) Incidental signs.

(1) Type of signs. Incidental signs shall be ground or wall signs.

(2) Number of signs.

(a) If a lot or integrated center has one driveway, zero incidental directional signs shall be permitted at the driveway entrance or exit.

(b) If a lot or integrated center has more than one driveway, one incidental directional sign shall be permitted for each driveway.

(c) One incidental directional sign or one incidental parking and loading sign shall be permitted at each critical turning point along an interior access drive when required to safely direct vehicular traffic (e.g., to direct vehicular traffic to: a customer or employee parking area; or a delivery or loading area).

(3) Maximum sign surface area of incidental signs. Incidental signs shall not exceed six square feet in sign surface area per sign.

(4) Minimum front, side and rear yard setback for freestanding incidental signs.

(a) Front yard setback or front bufferyard setback: three feet from proposed right-of-way. In the case where a proposed right-of-way line does not exist, as determined by the transportation plan, or where the existing right-of-way is greater, the existing right-of-way line shall be used for the setback measurement.

(b) Side and rear yard setback or side and rear bufferyard setback: the same as required for any building or structure in the applicable zoning district.

(5) Maximum height of incidental signs. The maximum height of a freestanding incidental ground sign shall not exceed:

(a) Incidental directional signs shall not exceed two and one-half feet in height above grade; and

(b) Incidental parking and loading signs shall not exceed four feet in height above grade.

(E) Window signs.

(1) The sign copy shall not exceed 5% of the total grade level window surface area of the building facade on which it is placed or through which it is viewed.

(3) Window signs shall not be internally illuminated.

(F) Development plan approval required.

(1) All freestanding and building identification signs in the special use districts shall be subject to the filing of a development plan for review and approval by the Building Commissioner as set forth in §§ 194.125 through 194.128 of this chapter.

(2) Development plan approval petitions for signs in the special use districts shall be submitted as a part of the application for an improvement location permit for signs.

(3) The Plan Commission shall grant development plan approval upon written finding that the proposed freestanding or building identification sign:

(a) Is consistent with and harmonious to the buildings and sites which they occupy;

(b) Represents a use of design features which will enhance the use or value of area properties;

(d) Is consistent with the intent and purpose of this chapter.

(Ord. 2000-16, passed 8-28-2000, § 6.8)

§ 194.168 URBAN OFF-PREMISES OUTDOOR ADVERTISING SIGNS.

(A) Districts allowed. Off-premises outdoor advertising signs shall be a permitted in the I-2 General Industrial District and the I-3 Heavy Industrial District; provided, however, that, off-premises outdoor advertising signs shall not be permitted within 600 feet of the proposed right-of-way of U.S. Highway 421-Michigan Road.

(B) Type of signs. Off-premises outdoor advertising signs shall be pole or ground signs.

(1) Sign surface area: an off-premises outdoor. Advertising sign shall not exceed 72 square feet in sign surface area.

(2) Number of displays: an off-premises outdoor advertising sign shall not contain more than two advertising signs per sign surface.

(3) Extensions allowed: temporary extensions or embellishments integrally incorporated into the sign surface having: a vertical height of no more than two feet above the top of a sign; a maximum horizontal dimension of no more than one foot beyond the sides of the sign; and, a maximum vertical dimension of one foot below the bottom of the sign, shall be allowed.

(D) Spacing between off-premises outdoor advertising signs. The minimum distance between off- premises outdoor advertising signs shall be as specified below.

(1) Linear spacing. The minimum distance between off-premises outdoor advertising signs located along and oriented towards the same side of a public street shall be 2,500 linear feet subject to the following.

(a) The spacing requirement shall be applied equally to both sides of the street at the same time regardless of whether the off-premises outdoor advertising signs are on the same side of the street.

(b) The spacing requirement shall be applied continuously along a street to all off-premises outdoor advertising signs oriented towards that street in either direction whether the off-premises outdoor advertising signs are in the same block or are in different blocks separated by an intersecting street.

(c) For purposes of applying the spacing requirement to off-premises outdoor advertising signs, pole or ground signs shall be treated the same, whether double-faced or single-faced.

(d) Off-premises outdoor advertising signs located at the same intersection are not in violation of the minimum spacing requirement specified herein, because of their nearness to one another if they are located so that their messages are directed towards traffic flowing in different directions.

(2) Measurement of linear spacing. The method of measurement of the spacing between off- premises outdoor advertising signs oriented towards the same street shall be along the centerline of the street to which the off-premises sign is oriented from the point in the street’s centerline closest to the leading edge of the off-premises sign.

(3) Radial spacing. In no event shall an off-premises outdoor advertising sign be closer than 1,000 feet from any other off-premises outdoor advertising sign regardless of location or orientation.

(E) Minimum front, side and rear yard setback for off-premises outdoor advertising signs.

(1) Front yard setback. The minimum front yard setback for an off-premises outdoor advertising sign shall be 60 feet from the proposed right-of-way.

(2) Side and rear yard setback. Off-premises outdoor advertising signs may have a maximum height of up to four feet above grade when located at the minimum required side or rear yard setback. The maximum height may be increased by one foot in height for each additional one foot of setback from the minimum required side or rear yard until the maximum height allowed for an off-premises outdoor advertising sign is reached.

(F) Maximum height of off-premises outdoor advertising signs.

(1) The maximum height of an off-premises outdoor advertising ground sign shall not exceed six feet in height above grade.

(2) The maximum height of an off-premises outdoor advertising pole sign shall not exceed 15 feet in height above grade.

(G) Construction of off-premises outdoor advertising signs. The supports, uprights, bracing and framework of an off-premises outdoor advertising pole sign shall be of steel construction.

(H) Separation from R districts. No off-premises outdoor advertising sign shall be located within 600 feet of any R district.

(Ord. 2000-16, passed 8-28-2000, § 6.9)

§ 194.169 RURAL: SIGNS.

(A) General.

(1) The purpose of this section is:

(a) To encourage the effective use of signs as a means of communication in the county;

(b) To maintain and enhance the aesthetic environment and the county’s ability to attract sources of economic development and growth;

(d) To enable the fair and consistent enforcement of these sign restrictions.

(2) A sign may be located only in conformance with the requirements of this chapter. Signs and advertising structures may be permitted in the districts where such uses are permitted after having secured an ILP approving the proposed sign except when not required by this section.

(B) State requirements. Signs and advertising structures are also subject to the requirements of the Highway Advertising Control Act of 1967, as amended. All signs and advertising structures shall conform to the provisions of said Act. Should this chapter and the Act be in conflict, the requirements of the more restrictive shall apply.

(C) Local requirements. Signs and advertising structures may be subject to local ordinances of incorporated cities or towns in the jurisdictional area of this chapter. Should the two be in conflict, the requirements of the more restrictive shall apply.

(D) Signs allowed with and without permits. Signs shall be allowed on private property in accordance with Table 16 , Rural Sign Regulations. The letter “X” means such sign is allowed without a permit in the appropriate zoning districts. The letter “P” means such sign is allowed only with permit approval in the appropriate zoning districts. Special conditions may apply in some cases. If an “X” or “P” is not present, such sign is not allowed in the zoning district under any circumstances. Although permitted under the previous paragraph, a sign designed by a “P” or “X” in Table 16, Rural Sign Regulations, shall be allowed only if:

(1) The sum of the area of all signs on the lot conforms to the maximum permitted sign area (as determined by the formula for the zoning district in which the lot is located);

(2) The size, location and number of signs on the lot conform with the requirements which establishes permitted sign dimensions by sign type and with any additional limitations; and

(3) The characteristics of the sign conform with the requirements and to any additional limitations listed in Table 16.

(E) Design, construction and maintenance of signs. All signs shall be designed, constructed, and maintained in accordance with the following standards.

(1) All signs shall comply with applicable provisions of the Uniform Building Code and the Electrical Code.

(2) Except for banners, flags and window signs conforming in all respects with the requirements of this chapter, all signs shall be constructed of permanent materials and shall be permanently attached to the ground, building or another structure by direct attachment to a rigid wall, frame or structure.

(3) All signs shall be maintained in good structural condition, in compliance with all Building and Electrical Codes and in conformance with this chapter.

(F) Permits for signs in the public right-of-way. No signs shall be allowed in the public right-of-way, except for the following.

(1) Permanent signs. Permanent signs shall be in accordance with the conditions of the table included in this chapter regarding, Sign Regulations. Such permitted permanent signs include public signs erected by or on behalf of a governmental body, public transit company or public utility.

(2) Emergency signs. Emergency warning signs erected by a governmental agency, a public utility company or a contractor doing authorized or permitted work within the public right-of-way.

(3) Other signs forfeited. Any sign installed or placed on public property, except in conformance with the requirements of this section, shall be forfeited to the public and subject to confiscation. In addition to other remedies hereunder, the county shall have the right to recover from the owner or person placing such a sign the full costs of removal and disposal of such sign.

(G) Signs exempt from regulation under this chapter. The following signs shall be exempt from regulation under this chapter:

(1) Any public notice or warning required by a valid and applicable federal, state or local law, regulation or ordinance;

(2) Any sign inside a building, not attached to a window or door, that is not legible from a distance of more than three feet beyond the lot line of the lot or parcel on which such sign is located;

(3) Works of art that do not include a commercial message;

(4) Commercial murals on barns, silos and the like;

(5) Holiday lights and decorations with no commercial message; and

(6) Traffic-control signs on private property, such as stop, yield and similar signs, the face of which meet the Department of Transportation standards and which contain no commercial message of any sort;

(7) Temporary campaign signs displayed for not more than one month before and two days after said election is held.

(H) Signs prohibited under this chapter. All signs not expressly permitted under this chapter or exempt from regulation hereunder are prohibited in the county. Such signs include, but are not limited to, beacons, pennants, strings of lights not permanently mounted to a rigid background, and inflatable signs and tethered balloons.

(I) General permit and inspection procedures. The following shall be procedure for locating or modification of all sign permits under this chapter.

(1) Applications. All applications for sign permits shall be submitted on an application form published by the town. One application may include multiple signs on the same lot, however a separate permit will be issued and a separate fee will be collected for each sign.

(2) Site plan.

(a) For any lot on which the owner proposes to erect one or more signs requiring a permit, the owner shall submit a site plan containing the following:

1. A plot plan of the lot, at such scale as may be reasonably required;

2. Location of buildings, parking lots, driveways and landscaped areas on such lot;

3. Computation of the total sign area for all signs, the height of each sign and the number of signs; and

4. An accurate indication on the plot plans of the proposed location of each present and future sign of any type, whether requiring a permit or not. Incidental signs need not be shown.

(b) Upon the issuance of a permit, the applicant shall provide all applicable fees, as established in the town’s fee schedule.

(3) Computations.

(a) Computation of area of individual signs. The area of a sign face (which is also the sign area of a wall sign or other sign with only one face) shall be computed by means of the smallest shape that will encompass the extreme limits of the sign, but not including any supporting framework, bracing or decorative fence or wall when such fence or wall otherwise meets zoning ordinance regulations and is clearly incidental to the display itself.

(b) Computation of area of multifaceted signs. The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces.

(c) Computation of height. The height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of existing grade prior to construction or the newly established grade after construction, exclusive of any filling, berming, mounding or excavating solely for the purpose of locating the sign. In cases in which the normal grade cannot reasonably be determined, sign height shall be computed on the assumption that the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of a public street or the grade of the land at the principal entrance to the principal structure on the zone lot, whichever is lower.

(d) Computation of maximum total permitted sign area for a lot. The permitted sum of the area of all individual signs on a lot shall be computed by applying the formula contained in the Table 16 to the road frontage, building frontage, or wall area, as appropriate, for the zoning district in which the lot is located. Lots fronting on two or more streets are allowed the permitted sign area for each street frontage. However, the total sign area that is oriented toward a particular street may not exceed the portion of the lot’s total sign area allocation that is derived from the lot, building or wall area frontage on that street.

(4) Inspection. A final inspection of each permit for a new sign or modification of an existing sign will be performed six months after the issuance of such permit or earlier if owner requests. If the construction is not substantially complete at the time of inspection, the permit shall lapse and become void. If the construction is complete and in full compliance with this chapter and with the building and electrical codes, a permanent label identifying the sign and permit number shall be affixed. If the construction is substantially complete but not in full compliance with this chapter and applicable codes, the owner or applicant shall be notified of the deficiencies and shall be given an additional 30 days from the date of inspection for the deficiencies to be corrected. If the deficiencies are not corrected by such date, the permit shall lapse. If the construction is then complete, a permanent label identifying the sign(s) and applicable permit number shall be affixed.

(5) Lapse of a sign permit. A continuing sign permit shall lapse automatically if the business or activity on the premises is discontinued for a period of 180 days or more.

(J) Non-conforming signs and signs without permits. Except as otherwise provided herein, the owner of any lot or other premises on which exists a sign that does not conform with the requirements of this chapter, a previous applicable ordinance or for which there is no valid sign permit issued under a previous ordinance shall be obligated to remove such sign.

(1) Non-conforming existing signs, permits, and terms. A sign that would be permitted under this chapter only with a sign permit, but which was in existence at the time this chapter went into effect, and which was constructed in accordance with the ordinance and other applicable laws in effect on the date of its construction, but which by reason of its size, height, location, design or construction is not in conformance with the requirements of this chapter, shall be classified as a non-conforming sign. A change in the information on the face of an existing non-conforming sign is allowed. However, any non- conforming sign shall either be eliminated or made to conform to the requirements of this section upon proposed expansion of the sign or if the face area of such sign has been damaged beyond 50%.

(2) Lapse of permit for a non-conforming sign. A permit for a non-conforming sign shall lapse and become void under the same circumstances as those under which any other sign permit may lapse and become void.

(K) Violations. Any of the following shall be a violation of this chapter and shall be subject to the enforcement remedies and penalties provided by this chapter, and by state or federal law:

(1) To install, create, erect or maintain any sign in a way that is inconsistent with any plan or permit governing such sign or the zone lot on which the sign is located;

(2) To install, create, erect or maintain any sign requiring a permit without such a permit;

(3) To install, create, erect or maintain any sign in a way that is inconsistent with any plan or permit governing such sign or the zone lot on which the sign is located;

(4) To fail to remove any sign that is installed, created, erected or maintained in violation of this chapter, or for which the sign permit has lapsed; or

(5) To continue any such violation. Each such day of a continued violation shall be considered a separate violation when applying the penalty portions of this chapter.

(L) Enforcement and remedies. A violation of this section of the chapter shall be considered a violation of this chapter and shall be enforced accordingly.

Table 16: Rural Sign Regulations
		AG	R-1	R-2	R-3, R-4, MF	LB	PB	GB, UB	AB	AZ, I-1, I-2
Total Number of all types of Signs Permitted
	Per lot	1	1	1		1
	Per lot per linear feet of road				1/200		1/100	1/200	1/200	1/200
Lighting
	Animated, exposed bulbs or internal/external illumination					X	P (k)	P	P	P
Regulations for On-Premises Freestanding Signs
Regulations	Maximum combined area	6	6	6	12	40	40	80	160	80
	Maximum height (feet)	5	5	5	5	12	12	12	36	12
	Setback (feet) (j)	2	2	2	2	2	5 (h)	5 (h)	10	10
Type	Residential (a)	P	P	P	P
	Incidental (b)				X (b)	X	X (b)	X	X	X
	Other	P			P	P	P	P	P	P
Regulations for Off-Premises Freestanding Signs
	Permitted districts (i)							P	P	P
	Maximum area (per side)							100	200	150
	Maximum height (feet)							35	5	35
	Setback (feet) (j)							20	20	20
Regulations for All Other Signs
Regulations	Maximum area (sq. ft.)	2	2	2	2	10
	Maximum wall area (%)						10%	15%	15%	20%
Type	Banner (b), canopy						P	P	P	P
	Incidental (b)				X (e)	X	X (b)	X	X	X
	Marquee (f), roof-integral, temporary (h)
	Residential	P	P	P				P	P
	Suspended (f)					P
	Wall					P	P	P	P	P
	Flag (g)	X	X	X	X	X	X	X	X	X
NOTES TO TABLE: Signs in the PUD District shall meet the requirements of the district most comparable. X = Allowed without a sign permit. P = Allowed only with sign permit a) No commercial message allowed on sign, except for a commercial message drawing attention to an activity legally offered on the premises. b) No commercial message of any kind allowed on sign if such message is legible from any location off the lot on which the sign is located. c) Only address and name of occupant allowed on sign. d) May include only building name, date of construction or historical data on historic site; must be cut or etched into masonry, bronze, or similar material. e) No commercial message of any kind allowed on sign. f) If such a sign is suspended or projects above a public right-of-way, the issuance and continuation of a sign permit shall be conditioned on the sign owner obtaining and maintaining in force liability insurance for such a sign in such form and such amount as the Director may reasonably from time to time determine; provided that, the amount of such liability insurance shall be at least $500,000 per occurrence per sign. g) Flags of the United States, the state, the city, foreign nations having diplomatic relations with the United States, and any other flag adopted or sanctioned by an elected legislative body of competent jurisdiction; provided that, such a flag shall not exceed 60 square feet in area and shall not be flown from a pole the top of which is more than 40 feet in height. These flags must be flown in accordance with protocol established by the Congress of the United States for the Stars and Stripes. Any flag not meeting any one or more of these conditions shall be considered a banner sign and shall be subject to regulation as such. h) Maximum sign height is 12 feet, and minimum setback is five feet; however, in no case shall the actual sign height exceed the actual sign setback from any adjacent lot that is zoned and used for residential purposes. For example, if the sign is set back seven feet from such a lot, it may be no more than seven feet high. i) Must be 1,000 from any other off-premises sign on the same side of the road, measured along the right-of way. j) In addition to the setback requirements on this table, signs shall be located such that there is at every street intersection a clear view between heights of three feet and 10 feet in a triangle formed by the corner and points on the curb 30 feet from the intersection or entranceway. k) No direct light or significant glare from the sign shall be cast onto any adjacent lot that is zoned or used for residential purposes.

(Ord. 2000-16, passed 8-28-2000, § 6.10)

§ 194.170 CANDIDATE SIGNS ON ELECTION DAY.

(A) Department in charge. The Zionsville Police Department shall have the authority to regulate the policies in this chapter, including enforcing penalties.

(B) Definition. For the purposes of this chapter, CANDIDATE SIGN shall mean a sign used to promote a candidate for an election.

(C) Timing. This chapter shall apply beginning 60 days before an election, and ending at the beginning of the sixth day after the election.

(D) Number of signs. Each candidate running for an election shall have no more than two candidate signs on the Town Hall property. Only candidate signs may be placed on Town Hall property, so as to ensure that the number of signs on the Town Hall property does not become too abundant.

(E) Size of sign. No candidate sign on Town Hall property may be larger than 24 inches by 36 inches.

(F) Placement of sign. No candidate sign may be placed in the public right-of-way. No candidate sign may be placed on Town Hall property with a metal or wood post. Only candidate signs with wires can be placed on the Town Hall property.

(G) Removal. Any candidate sign placed in excess of the provisions under this section may be removed by town staff with no liability to the candidate or any of the candidate's representatives. All candidate signs must be removed by the candidate or candidate representatives at the beginning of the sixth day after the election. If a candidate sign still remains, then the candidate sign may be removed and destroyed by town staff with no liability to the candidate or any of the candidate's representatives.

(Ord. 2024-45, passed 12-16-2024)