Chapter 17.26
SIGNS
Sections:
17.26.220 General requirements.
17.26.235 Signs not requiring a permit.
17.26.250 Sign Standards by Zoning District.
17.26.270 Sign Development Standards.
17.26.290 Method of Measurement.
17.26.310 Maintenance and removal.
17.26.320 Off-premises signs example drawings.
17.26.200 Purpose.
A. While signs can provide significant benefits for businesses, they can also have impacts that legitimately warrant regulation to create an environment for an attractive, desirable, and thriving community. The purpose of this chapter is to regulate the size, illumination, movement, materials, location, height, and condition of all signs to achieve enhanced safety and aesthetic quality.
B. The intent of this chapter is to establish limitations on signs that ensure they fulfill their intended purpose of commercial communication to help the public identify businesses and/or products, while balancing the individual and community interests identified in subsection A. of this section.
C. These regulations promote signs that are legible, are not distracting to motorists, and are constructed and maintained to be structurally sound and attractive.
D. These regulations do not regulate every form and instance of visual communication that may potentially be displayed. Rather, they are intended to regulate those forms that are most likely to affect one or more of the purposes set forth above.
E. These regulations strike an appropriate balance that offers visual communication options to support business and economic development, while still reducing and mitigating the potential impacts of signs.
F. This chapter must be interpreted in a manner consistent with the right to freedom of speech as guaranteed by the constitutions of the United States and the state of Indiana. Consistent with the severability clause at section 1.04.090 of this Code, if any provision of this chapter is found by a court of competent jurisdiction to be invalid, such finding must not affect the validity of other provisions of this chapter which can be given effect without the invalid provision.
G. The owner of any sign which is otherwise allowed by this sign ordinance may substitute noncommercial copy in lieu of any other commercial or noncommercial copy. This substitution of copy may be made without any additional approval or permitting. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message. This provision prevails over any more specific provision to the contrary, with the exception of prohibitions against obscenity as defined by Indiana law.
(Ord. 05-24-005 § 2, added, 5/28/2024)
17.26.210 Definitions.
For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
“Awning sign” means a sign on a roof-like covering of non-structural material on a frame that is either permanently extending from a building or can be raised or retracted to a position against a building when not in use.
“Banner sign” means a temporary sign constructed of cloth, canvas, plastic fabric, or similar lightweight non-rigid material and fastened at all corners or edges to a building or other structure.
“Bench sign” means a sign located on any part of the surface of a bench placed to be viewed from a public right of way.
“Canopy sign” means a sign on a roof structure that is supported by columns or posts affixed to the ground and may also be connected to a building.
“Construction sign” means a sign posted on a construction or remodeling site.
“Copy” means any word, number, letter, picture or emblem that is a feature of a sign.
“Double faced sign” means a sign with identical copy on two faces that are back-to-back facing in opposite directions.
“Drive-through sign” means a sign at a bank, drive-through restaurant etc., that is oriented toward the drive-through aisle and may include an intercom system for customers to speak with an attendant while conducting business (e.g. menu boards), or other associated signs also viewed from the drive-through.
“Electronic message sign (EMS)” means a sign face, or the portion of a sign face, that digitally displays words, symbols, figures and images, and can be electronically changed by remote or automatic means.
“Feather banner” (also known as bow sign or bow banner) means a sign constructed of lightweight nonrigid material and supported by a single horizontal or vertical pole mounted into the ground or secured on a structure designed for that purpose.
“Flag” means a geometric shaped cloth, fabric or other lightweight nonrigid material normally fastened to a stringer which is secured or tethered to a building or other permanent structure so as to allow movement of the sign caused by the wind.
“Flashing sign” means one that employs a pattern of changing light where the sign illumination suddenly, instantaneously, rapidly and/or repeatedly changes for the purpose of drawing attention.
“Hanging” (also known as a projecting sign) means any sign supported by a building or other structure and extending outward or downward where the face of the sign is perpendicular or horizontal to the surface of the building or structure to which it is mounted.
“Inflatable” means a balloon, blimp, or other inflated object that is supported by gas or forced air, intended to attract public attention to a business or location.
“Marquee sign” means a sign on a marquee being a permanent structure, other than a roof or canopy, attached to, supported by, and projecting from a building.
“Monument sign” (also known as ground-mounted) means a permanent, exterior freestanding sign that either sits directly on the ground, on a concrete foundation or is on a low base that is at least as wide as the sign face and makes the sign highly visible and easy to read from the street level.
“Multi-tenant sign” (also known as a directory sign) means a sign containing multiple signs which includes advertising, messages or identifies more than one business, organization, governmental entity or combination thereof, mounted to a single structure.
“Mural” means art, or an image painted onto the side of a building or wall.
“Non-conforming sign” means a sign lawfully erected and maintained prior to the adoption of this ordinance that does not conform with the requirements of this chapter.
“On-premises sign” is a sign directing attention to the use, business, or activity offered or sold as the primary use, business, or activity on the premises where it is located.
“Off-premises sign” (also known as a billboard) is a sign directing attention to a product, person, business, or service not offered or sold as the primary use, business, or activity on the premises where it is located.
“Pennant” means a geometric shaped cloth, fabric or other lightweight material intended to be individually supported or attached to each other by means of rope, string or other material and hung from a building or between poles.
“Pole sign” (also known as a post or pylon sign) means a sign supported by one or more poles which elevate the sign, the “pole” portion of the structure being no wider than five feet (5) feet or 2/3 the width of the sign face, whichever is narrower.
“Portable sign” means a sign typically mounted on a trailer frame with wheels and hitch, usually with four adjustable support legs.
“Roof sign” means a sign located on or above a roof and which is attached to the roof.
“Sidewalk sign” (also known as a sandwich board sign) means a removeable A-frame or T-frame sign placed on the sidewalk.
“Sign” means a name, identification, description, which is affixed to, painted, or represented directly or indirectly upon a building or other freestanding outdoor surface which directs attention to or is designed or intended to direct attention to the sign face or to an object, product, place, activity, person, institution, organization, or business.
“Sign area” means the two-dimensional space utilizing the smallest rectangle which encloses all elements, excluding the structure unless said structure is a part of the sign face or display.
“Sign face” means the entire display surface area of a sign upon, against, or through which copy is placed.
“Sign height” means the vertical distance measured from the base of a sign to the top of the highest element of the sign.
“Sign permit” means an Improvement Location Permit (ILP) for a sign, issued in accordance with this chapter.
“Stadium sign” means signage placed to be viewed only by spectators at a stadium/sports site.
“Temporary sign” means a sign that is not permanently attached to the ground or a structure, and is displayed for a limited period of time before removal.
“Window Sign” means a sign placed entirely within the frame of a window.
“Wall Sign” (also known as a fascia sign) means a sign attached directly to, painted on, or otherwise inscribed on the exterior walls or surface of a building and confined within the limits thereof, no part of which projects or extends more than one foot out from that surface at any point.
“Zoning Setback” means the front, side or rear yard space required for structures under Table A (Section 17.38.010).
(Ord. 05-24-005 § 2, added, 5/28/2024)
17.26.220 General requirements.
A. Signs shall be constructed and erected in accordance with Chapter 15.24, in a safe and stable manner in accordance with the provisions of this Title applicable to their construction.
B. Unless otherwise expressly authorized in this chapter, it shall be unlawful for any person to erect, construct, reconstruct, enlarge or move any sign, or cause the same to be done without first obtaining an Improvement Location Permit (also known as a “sign permit”) issued by the Planning Department.
C. All signs within an AIR district shall require submittal of documentation verifying approval of the Evansville Vanderburgh Airport Authority District (“EVAAD”) prior to issuance of an Improvement Location Permit.
D. Placement:
1. Signs must be located entirely on private property unless otherwise permitted by these regulations.
2. Signs placed in, or which overhang, any public right-of-way or thoroughfare. No sign shall be placed in or overhang any public right-of-way or thoroughfare setback except publicly owned signs, such as traffic control signs and directional signs, or as allowed by a recorded encroachment permit or thoroughfare permit issued pursuant to the requirements of Title 12 or this Chapter. The right-of-way dimension shall be determined by the County Engineer and the thoroughfare setback dimension shall be determined per this title. In addition, signs must not block access to a public or private way, including but not limited to, sidewalks, driveways, etc. When permitted to extend over a public sidewalk, all parts of a sign or supporting structure shall be at least eight and one-half vertical feet above the sidewalk surface.
E. Illumination.
The intent of the following provisions is to minimize the impacts from sign lighting for all types of sign illumination and to ensure that light trespass does not create a nuisance for nearby properties or a traffic safety hazard for motorists on the roadways due to glare or other intensive light emission. In addition, the following requirements are established for specific types of sign illumination:
1. External illumination. Lights used to illuminate a sign shall be shielded/directed away from adjacent properties to prevent glare across property lines or into any thoroughfare. When installed, the light source must be positioned so that light does not trespass onto any adjoining property or a public street or highway.
a. Signs may be illuminated from above, provided the light fixture is no taller than six inches above the top of the sign and it is fully shielded.
b. Signs less than six feet in height may be illuminated with ground-mounted lights that are fully shielded, designed, and positioned to shine directly on the sign with no light trespass.
c. Ground-mounted light fixtures shall not be visible from the opposite side of the sign.
d. Light fixture lamps that illuminate a sign externally shall not be visible from vehicular travel lanes, adjacent public rights-of-way, or adjoining properties. In no case shall sign lighting shine directly into the eyes of motorists or pedestrians, and bare bulbs shall never be visible to passersby.
2. EMS illumination.
a. All electronic message signs shall either utilize automatic dimming technology which electronically adjusts the day/night sign brightness levels in direct correlation with ambient light conditions, or from sunset to sunrise display only messages that have a dark colored background.
b. Electronic message signs that are determined to be a nuisance or safety hazard due to glare or other excessive light emission must be turned off from sunset to sunrise or otherwise be adjusted to comply with this chapter.
F. Double-Faced Signs.
1. For all signs allowed by this chapter, a double-faced sign may be erected. For the purpose of calculating square footage of the sign, the face area of one of the two sides shall be considered face area of the entire sign if it meets the following requirements:
a. The face used to calculate area shall be equal to or larger than the other face.
b. The two faces shall be placed back-to-back and parallel in the case of on-premises signs.
c. The maximum space between the two faces shall not exceed:
i. Two feet at any point for monument, pole/post, and projecting/hanging signs; or
ii. Ten feet for parallel back-to-back off-premises signs; or
iii. Fifteen feet at the farthest point between the two faces for V-type off-premises signs.
d. When the faces of a canopy sign are parallel (not off-set).
2. Off-premises double-faced signs meeting the above requirements are considered to be one sign for purposes of the spacing requirements between two signs.
3. For double-faced signs, the structural support shall not bear any message or additional signage, except when allowed as an embellishment under this chapter.
G. Unlawful Removal of Vegetation. No person may increase or enhance the visibility of any sign by damaging, trimming, destroying, or removing any trees, shrubs, or other vegetation located:
1. Within the right-of-way of any public street or road, unless the work is expressly authorized in writing by the County or other agency having jurisdiction; or
2. Within and as part of a required parking lot landscape island per Section 17.24.120.
(Ord. 05-24-005 § 2, added, 5/28/2024)
17.26.230 Authorized signs.
A. Public Signs. The following are types of signs installed or required by the government under various federal, state, or local laws which do not require the issuance of an Improvement Location Permit.
1. Signs on public property, and signs on private property no larger than four (4) square feet, for purposes of safety including traffic control, parking, utility markers, and the protection of persons and property are authorized; signs and devices on private or public property must be erected and maintained to comply with all other applicable federal, state, and local laws and regulations.
2. Address signs that identify property using numerals so that public safety departments and the US Postal Service can easily identify the address from the public street.
3. Signs that are required to be posted by a federal, state, or local law to warn of a danger or to prohibit access to the property either generally or specifically. The owner must comply with the federal, state, or local law to exercise that authority by posting a sign on the property. If the federal, state, or local regulation describes the form and dimensions of the sign, the property owner must comply with those requirements; otherwise, when not defined, the sign shall be no larger than two (2) square feet and located in a place on the property to provide access to the notice that is required to be made.
4. Signs that contain official notices or advertisements may be posted or displayed by or under the direction of any public or court officer in the performance of official or directed duties, provided, however, that all such signs must be removed by the property owner no more than ten (10) days after their purpose has been accomplished or as otherwise required by law.
5. Flags that have been adopted by the federal government, the state of Indiana, Vanderburgh County, or the City of Evansville may be displayed.
6. Other public signs include:
a. memorial plaques;
b. Historic Site Markers;
c. wayfinding signs directing people to public and quasi-public facilities;
d. landscape and/or litter cleanup at adopt-a-spot locations; and
e. Integral Identification Features. Names of buildings, dates of erection, monument citations, commemorative tablets and the like as part of the structure.
B. Temporary signs. A person exercising the right to place temporary signs on a property as described in this section 17.26.230.B must limit the number of temporary signs on the property per frontage at any one time to two (2) signs, plus any sign(s) allowed in section 17.26.230.B.2, except as provided in this subsection unless a court having jurisdiction determines that additional signs must be permitted and then the signage must be limited to the fewest signs and the smallest accumulated sign area permissible under the court’s determination. The sign face of any temporary sign, unless otherwise regulated in this subsection, must not be larger than two (2) square feet. Authorized temporary signs include:
1. A property owner may place one temporary sign at any time with a sign face no larger than two square feet on the property.
2. Temporary signs that comply with IC 36-1-3-11 may be located on the owner’s property for a period defined by IC 36-1-3-11.
3. One temporary sign may be located on a property when the owner consents and that property is being offered for sale. Said sign may be up to 9 square feet for residential and 50 square feet if located in a non-residential district.
4. Sidewalk Signs not exceeding 12 square feet and movable.
C. Signs not visible from a public right-of-way or adjacent property.
D. Vehicle and Trailer Signs. Any sign attached to, or placed on, a vehicle or trailer moving or parked on public or private property which meet the following requirements:
1. The primary purpose or use of the vehicle or trailer for any period of time must not be the display of signs.
2. The sign can be:
a. a magnetic sign attached to a steel body panel of the vehicle or trailer;
b. an adhesive decal, including an adhesive vehicle wrap;
c. painted onto the vehicle itself; or
d. located on a dashboard or rear window deck.
3. The vehicle or trailer on which the sign appears is in operating condition and is currently licensed to operate on public streets.
(Ord. 05-24-005 § 2, added, 5/28/2024)
17.26.235 Signs not requiring a permit.
Signs that meet the following descriptions and requirements do not require a sign permit and are not taken into account when calculating the total number of signs or the total square footage of signs allowed for a property or business. Signs that meet the descriptions but that do not comply with the requirements for exemption will be allowed only with a sign permit, and are subject to all requirements and limitations for sign permits as to the property or business.
A. The following sign types that contain copy:
1. Banners -- one per property, not exceeding 32 square feet
2. Bench signs placed by the Metropolitan Evansville Transportation System or its agents or contractors
3. Construction signs -- as long as they do not exceed 32 square feet per each sign and are removed immediately after the certificate of occupancy has been issued
4. Drive-Through Signs– with a maximum of 2 per drive-through aisle
5. Stadium Signs – except for those that are visible and readable from a public right-of-way
6. Window Signs -- provided that any one sign or multiple signs in combination displayed at any one time do not cover more than 25 percent of the total window area for each business.
B. The following sign types not containing commercial copy:
1. Inflatables
2. Murals
3. Pennants
4. Electronic/digital signs that only display time and temperature or current fuel prices
5. Flags
(Ord. 05-24-005 § 2, added, 5/28/2024)
17.26.240 Prohibited signs.
The following types and placement of signs are prohibited in all zoning districts:
A. Signs not Expressly Authorized or Regulated. Any sign not authorized under section 17.26.230 or regulated by this chapter as to type, size, height, location, lighting, or similar regulated feature.
B. Emissions. Signs that emit audible sound, odor, or visible matter.
C. Imitation of Official Signs. Signs that purport to be, are in imitation of, or resemble, but that are not, an official traffic sign or signal pursuant to 17.26.230, or which appear in a manner that creates a danger of interfering with, misleading, or confusing motorists or other individuals.
D. Imitation of Emergency Vehicles or Lights. Signs or displays that may be mistakenly construed as a light of an emergency or road equipment vehicle, or lights resembling danger or emergency lights of any kind.
E. Visual Impairment and Obstruction. Signs that hide any traffic or roadway sign, signal, or device from view, as well as signs that obstruct the visibility or use of any door, fire escape, stairway, or any opening intended to provide entrance or exit for any structure.
F. No sign or sign structure is allowed at any location where it may interfere with a motorist’s or pedestrian’s view of other traffic or pedestrians at any street or highway intersection, or in such a manner as to materially impede view at an intersection of a street or highway with a railroad grade crossing.
G. On a corner lot, no sign is allowed in the area known as the “Sight Triangle”, unless the sign does not create a visual obstruction between 3.5 and 10 vertical feet. The Sight Triangle, illustrated in Figure 1, is bounded by:
1. Lines on each side of the corner, drawn along the edge of pavement on each side and extended toward the intersection to the point of intersection; and
2. A line joining the points on each edge of pavement line 25 feet from the point of their intersection.
FIGURE 1
H. Obscenity. Signs containing statements, words or pictures that are defined as obscene in I.C. 35-49-2-1.
I. Encroachment. Signs that are located in any right-of-way or thoroughfare setback, including projecting signs and signs posted on utility poles or street signs, except pursuant to an encroachment approval by the Board of County Commissioners and, when applicable, the entity that owns the structure, and by the Director in the case of signs located in a thoroughfare setback.
J. Vehicle and Trailer Signs that do not meet the requirements for an Authorized Sign under Section 17.26.230.
K. Signs that are improperly illuminated/shielded resulting in glare being shed across property lines creating a nuisance for any abutting property owner or into any thoroughfare creating a hazard or distraction for traffic.
L. Flashing Signs. Signs that emit or reflect light in a pattern of rapid and repeated changes which pose a significant distraction to nearby drivers, cyclists or pedestrians.
M. Parking Interference. Signs placed in such a manner as to displace, obstruct, or interfere with the use of a required parking space, and signs placed in any parking or access aisle without the Director’s approval.
N. Unplatted Lots, Partially Developed Subdivisions. Placement of signs on any unplatted lot prior to establishment of any commercial or industrial improvement on the lot, built after obtaining all required improvement location permits, building permits, and after installation of all proper roadway, water, and sanitary sewer infrastructure. Notwithstanding anything above, on any subdivision plat recorded in the manner required by law with less than 10 lots, placement of signs is not allowed until construction work with all necessary permits has begun on at least 50 percent of the lots; on any subdivision plat recorded in the manner required by law with 10 or more lots, placement of signs is not allowed until construction work with all necessary permits has begun on at least 10 percent of the lots.
(Ord. 05-24-005 § 2, added, 5/28/2024)
17.26.250 Sign Standards by Zoning District.
A. In all districts, on-premises signs must not be erected or maintained unless they conform to the requirements shown on Table 17.26.250.A.
|
SIGN TYPE |
STANDARDS |
A, |
R-3, R-4, R-5 |
CO-1, CO-2, C-1 |
C-2 |
C-4 |
M-1, M-2, M-3, W-I |
|---|---|---|---|---|---|---|---|
|
BUILDINGA |
Number of signs per street frontage |
1 |
1 |
1 |
2 |
3 |
3 |
|
FREESTANDING |
Number of signs per street frontageB |
1C |
1 |
1 |
2 |
3 |
3 |
|
Max Height (ft) for MonumentD |
6C |
6 |
8 |
8 |
8 |
8 |
|
|
Max Height (ft) for Pole |
12C |
12 |
18 |
50 |
50 |
50 |
|
|
ELECTRONIC MESSAGE SIGN |
Included in number of signs per type |
1C |
1 |
1 |
1 |
1 |
1 |
|
Max Height (ft) for MonumentD |
6C |
6 |
8 |
8 |
8 |
8 |
|
|
Max Height (ft) for Pole |
12C |
12 |
18 |
50 |
50 |
50 |
|
|
Max Area (sq ft) |
24C |
24 |
32 |
50 |
64 |
64 |
|
|
AGGREGATE MAXIMUM SIGN ALLOWANCEA |
Number of Signs |
1 |
2 |
3 |
4 |
6 |
6 |
|
Square Footage |
10 / 100C |
200 |
250 |
400 |
500 |
500 |
NOTES:
A – On a multi-tenant site, the number of building signs and aggregate signage allowed applies to each individual business on the property.
B – Businesses on a multi-tenant site that are included in a directory sign, are not allowed to have their own freestanding sign.
C – Only permitted as accessory to an established Special Use.
D – Monument signs outside the required zoning (not thoroughfare) setback are allowed the same height limitation as pole signs
B. Off-premises advertising signs may be erected in the C-2, C-4, M-1, M-2, and M-3 districts as limited by the standards shown on Table 17.26.250.B.
|
STANDARDS |
A, R-1, R-2, W-R |
R-3, R-4, R-5 |
CO-1, CO-2, C-1 |
C-2 |
C-4 |
M-1, M-2, M-3, W-I |
|---|---|---|---|---|---|---|
|
Max Number |
Not Permitted |
Not Permitted |
Not Permitted |
1 |
1 |
1 |
|
Max Height (ft) |
30 |
50/65A |
50/65A |
|||
|
Max Area (sq ft) |
300 |
700 |
700 |
|||
|
EMS Max Area (sq ft) |
300 |
700 |
700 |
NOTE: A – Increased height along elevated roads.
(Ord. 05-24-005 § 2, added, 5/28/2024)
17.26.270 Sign Development Standards.
A. On-premises and Off-premises Sign types requiring a permit. Any combination of the following types may be used as long as they do not exceed the aggregate maximum sign allowance listed by zoning district in 17.26.250.A.
1. Building Signs:
a. Awning, Canopy, or Marquee
b. banner, if exceeding allowed limit in Section 17.26.235.A.1
c. Hanging and Projecting
d. Roof-Mounted
e. Wall/Fascia
f. window, if exceeding allowed limit in Section 17.26.235.A.5
2. Freestanding Signs:
a. banner, if exceeding allowed limit in Section 17.26.235.A.1
b. Monument
c. Pole (includes off-premises signs)
d. Sidewalk, if exceeding allowed limit in Section 17.26.270.B.8
B. The following development standards shall apply to the individual sign types listed below:
1. Awning, Canopy, or Marquee Signs
a. Signs may not extend outside the overall length or width of the awning, canopy, or marquee.
b. Signs may encroach over a private sidewalk but not over a public right-of-way, street or alley without an encroachment permit.
2. Off-Premises Signs
a. Off-premises signs must be at least 25 feet from any right-of-way.
b. Triplex off-premises signs are prohibited.
c. In addition to other standards that apply to off-premises signs, the following spacing shall apply:
i. Minimum distance to the nearest off-premises sign along a controlled access thoroughfare is 500 feet in any direction, and 1,000 feet along the same side of the street;
ii. Minimum distance to the nearest off-premises sign along any other thoroughfare is 400 feet, and 800 feet along the same side of the street;
iii. Minimum distance to a residential dwelling, the nearest property line of a lot or parcel in an undeveloped residential zoning district, a church, library, museum, public park, or school, is 300 feet;
iv. Minimum distance to the center of a completed portion of the Greenway Trail is 300 feet.
3. Drive-Through Signs. Signs may only be placed to be viewed from vehicles in the drive-thru lanes.
4. Electronic Message Signs (EMS).
a. Message Duration. Electronic message signs shall be programmed so that no copy shall flash or blink and the image, message, or lighting pattern holds for a minimum of:
i. Three seconds between transitions for on-premises EMSs; provided, however, animations and moving or scrolling images shall not be considered to constitute separate images or messages; and
ii. Eight seconds between transitions for off-premises EMSs.
b. Spacing.
i. On-Premises EMSs shall be located at least 200 feet from any dwelling; and
ii. Off-Premises EMSs shall be located at least 300 feet from any dwelling.
c. Only one electronic message sign shall be permitted:
i. per business on single-use commercial lots/parcels to which b. does not apply.
ii. per development in the case of uses such as commercial shopping centers, institutional campuses, etc., which could incorporate multiple parcels under common ownership with unified, integrated development such as a shared roof, façade, parking, drainage, or similar facilities.
d. Properties that have an electronic message sign shall not have temporary signs such as sidewalk signs, banners, or feather signs.
e. Electronic message signs shall be immediately turned off in the event of a malfunction.
5. Feather Signs
a. Feather signs must be set back from the right-of-way by no less than two feet.
b. Feather signs must be securely anchored into the ground or secured to a weighted portable base designed for such function.
6. Hanging and Projecting Signs. A hanging/projecting sign may encroach over a sidewalk but not over a public right-of-way, street, or alley without an encroachment permit. The sign must be a minimum of two feet inside the curb line or edge of pavement, whichever is greater.
7. Multi-Tenant Directory Signs
a. Multi-Tenant Directory Signs can be either monument or pole signs.
b. Any business that is displayed on a multi-tenant directory sign shall not be allowed to have their own freestanding sign.
c. The signage allowances in Table 17.26.250 C. apply to each individual business on the property.
d. If located on a street corner, only the business in the multi-tenant site that is closest to the side street is eligible to count the multiple street frontages for calculating the building signs allowed.
8. Sidewalk Signs. All sidewalk signs, whether placed pursuant to a permit or pursuant to the authorization contained in Section 17.26.230.B., must:
a. not exceed 12 square feet in area
b. not be illuminated
c. not be placed where there are no sidewalks.
d. accommodate as much pedestrian clearance as possible by their placement
e. properly be anchored or weighted for stability; and
f. only be placed outside of the public right-of-way except as permitted by the Board of County Commissioners.
9. Wall/Fascia Signs. Wall/fascia signs shall not extend above the eaves of the building.
(Ord. 05-24-005 § 2, added, 5/28/2024)
17.26.290 Method of Measurement.
A. The sign area is the two-dimensional space utilizing the smallest rectangle (regardless of orientation or rotation) which encloses all elements within the extreme limits of the sign, including individual letters or unique-shaped emblems, Sign elements that are not visually enclosed together as a single sign may be combined into a single sign, with the space between the elements being included in the sign area. For wall signs only, when a sign element consisting of a logo or insignia is placed adjacent to the copy or wordmark element of the sign and the distance between the two elements is no more than five (5) feet, the sign can be outlined with two rectangles and counted as one sign.
B. The following are not included in the sign area if they contain no copy other than a street number and are not part of the sign face or display:
1. Poles, flagpoles, marquee brackets and other support structures, with the exception of monument bases on signs located in whole or in part within the zoning setback;
2. Structures essential for service of the sign;
3. Architectural elements of the building;
4. Monument bases when the base and all elements of the sign are located entirely outside of the required zoning (not thoroughfare) setback.
C. Sign Height. The height of a sign (see definition of “sign height”) is measured at the midpoint of the sign from the ground to the topmost point of the sign or structure.
D. Sign Setback. The setback of a sign is measured from the property line or right-of-way, whichever is closer, to the line projected to the ground plane of the nearest portion of the sign.
(Ord. 05-24-005 § 2, added, 5/28/2024)
17.26.300 Permit process.
A. Application for permit.
1. An application for a sign permit must be filed with the Planning Department on forms approved by the Area Plan Commission. An application for sign permits shall be accompanied by the plans, drawings, and specifications as are necessary to fully advise the Planning Department of the type, size, shape, location of the proposed sign and the building or structure on which the sign is to be placed, and the details of any existing signage already in place on the site.
2. The Planning Department must promptly process the sign permit application and approve the permit, reject the application, or notify the applicant of deficiencies in the application within twelve (12) business days after receipt. Rejection of an application and notification of deficiencies constitute denial of a permit for purposes of appeal under section 17.26.300.C.
3. Any application that complies with all provisions of this code, the zoning ordinance, the building code, and other applicable laws, regulations, and ordinances must be approved.
4. A permit can only be denied if the plan, in combination with any other signs that may already exist on the site and that are not being removed, is not in compliance with the terms of this Code, the zoning ordinance, building code, or other applicable law, regulation, or ordinance.
B. Expiration and revocation of permit. The Director may revoke a sign permit under any of the following circumstances:
1. The information in the application was materially false or misleading;
2. The sign as installed does not conform to the sign permit application;
3. The sign is not being properly maintained or has been abandoned.
C. Appeal. If the Planning Department denies a permit, the applicant may appeal to the Board of Zoning Appeals within thirty (30) days of the denial, and the Board of Zoning Appeals shall hear the appeal at the following regularly scheduled meeting and decide at the conclusion of the hearing, which may be continued from time to time. The Board of Zoning Appeals shall apply the same requirements and standards as are set forth in this chapter in determining whether to affirm or reverse the denial, and may not place any conditions on such affirmation or denial or make any other requirements except in the case of a reversal, in which case the Board of Zoning Appeals shall direct that the sign permit be issued.
(Ord. 05-24-005 § 2, added, 5/28/2024)
17.26.310 Maintenance and removal.
A. When the purpose for the sign has passed or no longer exists, the sign and its structural elements must be removed or altered in such a way as to place it back into service within 180 days. The owner and tenant of the land are equally responsible for removal or alteration of the sign and its structural elements.
B. All signs must display copy encompassing the entire display face at all times. If copy is not displayed for a period exceeding 180 days, the permit for the sign may be revoked and the sign and structure may be removed, or required to be removed, pursuant to this section.
C. Every sign shall be maintained in a safe, presentable, and good structural condition at all times including the replacement of defective parts, painting, re-painting, cleaning, and other acts required for maintenance of the sign. Compliance shall be required with all standards of this chapter and with all standards in this code that are applicable to signs.
D. A sign is considered not functional when any of the following conditions exist:
1. Its essential elements are no longer readable or recognizable;
2. It is physically obstructed from view;
3. A condition of danger exists;
4. Copy is not displayed for a period of 180 days.
E. If a sign is not made to comply with adequate safety standards, not kept in a presentable or good structural condition, is not functional, has been abandoned, or is not removed or altered as required under this section, its removal will be required as follows:
1. The Director shall provide a 10-day written notice to the owner or lessee of the sign in violation to either remove the sign or to bring it into compliance.
2. Upon failure to comply with the written notice of violation, the Director or the Director’s designee may do either or both of the following:
a. take action to have the sign, its structure, or both, removed with all cost of removal to be borne by all owner(s) or lessee(s) of the sign, jointly and severally
b. issue a notice of violation with fines pursuant to chapter 17.36.150 of this Code.
F. When relocation or removal of a sign becomes necessary, and documentation is provided from the owner of the site that the relocation of the sign is necessary due to construction, expansion, or other development planned for the site where the sign is located, the sign may be moved by the sign owner to another location on that same site within 20 feet of the original location of the sign, providing the location within 20 feet of the original sign does not create nonconformity of the sign. Once the sign has been removed from its original location, it may remain removed for a period of up to 90 days without requiring a permit and will be considered to remain in existence at its original location or within 20 feet thereof during that period for purposes of locating other signs. At or before the expiration of the 90-day period, a new sign permit must be obtained for the sign being relocated or replaced. Permit fees may be waived if the sign structure is the same configuration and erected in the same manner as the original sign and is of the same or smaller size than the original sign. Removal or relocation of a sign under this subsection does not waive or alter the need for permits required by the Planning Department, the Building Commission, or any other agency.
G. When replacement of a sign becomes necessary, and documentation is provided from the Building Commissioner, OSHA, or other governmental agency of competent jurisdiction that replacement of the sign is necessary due to the unsafe or dangerous condition of the sign, a safety upgrade by the sign owner is allowed on that same site within 20 feet of the original location of the sign, provided the safety upgrade or the location within 20 feet of the original location does not create nonconformity of the sign. Once the sign has been removed from its original location, it may remain removed for a period of up to 90 days without requiring a permit, and will be considered to remain in its existence at its original location or within 20 feet thereof during that period for the purpose of locating other signs. At or before the expiration of the 90-day period, a new sign permit must be obtained for the sign being relocated or replaced. Permit fees may be waived if the sign structure is the same configuration and erected in the same manner as the original sign, is of the same or smaller size as the original structure, and documentation is provided from the Building Commissioner, OSHA, or other governmental agency of competent jurisdiction that replacement of the sign is necessary due to the unsafe or dangerous condition of the sign. Removal or relocation of a sign under this subsection does not waive or alter the need for permits required by the Planning Department, the Building Commission, or any other agency.
(Ord. 05-24-005 § 2, added, 5/28/2024)
17.26.320 Off-premises signs example drawings.
(Ord. 05-24-005 § 2, added, 5/28/2024)