Chapter 10.23 - Sign Regulations


City Code :: Elwood Town Ordinance :: Chapter 10.23 - Sign Regulations

CHAPTER 10.23
a.
SIGN REGULATIONS
Sections:
10.23.010 Purpose
10.23.020 Permit Required
10.23.030 Enforcement
10.23.040 Planning Commission Review
10.23.050 Required Drawings and Information
10.23.060 Measurement of Signs
10.23.070 Prohibited Signs
10.23.080 Clear View of Intersecting Streets
10.23.090 Change Of Business Name
10.23.100 Specific Sign Regulations
10.23.110 Sign Requirements by Zoning District 10.23.010 Purpose
The sign regulations are intended to provide standards for the installation of signs in a manner that willpromote the general welfare of the community. This shall be accomplished by encouraging good,harmonious design and by establishing appropriate size and location requirements. Such regulationsshall allow businesses to identify themselves and the goods or services they offer; safeguard andenhance property values; and protect the public health, safety, and welfare of the citizens Elwood Town.
10.23.020 Permit Required
It shall be unlawful for any person whether acting as owner, occupant, or contractor, or otherwise, toerect, construct, reconstruct, enlarge, locate, or alter any sign within Elwood Town without first obtaininga permit. No such permit shall be issued until the proposal and application have been reviewed andapproved by the planning commission or Town Staff.
10.23.030 Enforcement
A.
The Town Board shall be vested with the duty of enforcing these sign regulations. In performanceof such duty, the Planning Commission shall be empowered and directed to issue permits for theconstruction, alteration, or repair of signs. Any sign found to be in an unsafe manner shall beordered to be removed by the Town Board or designee.
B.
The Planning Commission shall ascertain that all signs, constructions, reconstructions, ormodifications of existing signs are built or constructed in conformance with the zoning ordinance,building codes, and the specific requirements of this chapter.
C.
The Planning Commission shall issue a notice of violation to the person having charge or controlor benefit of any sign found to be unsafe or in violation of this chapter.
D.
If an unsafe or illegal sign is not repaired, modified, or removed within ten working days afterissuing said notice, the Planning Commission shall at once abate and remove said sign. Theowner, or person having charge or benefit of any such sign, shall pay to the Town of Elwood,within 30 calendar days after written notice is mailed to such person, the costs incurred in suchremoval.
10.23.040 Planning Commission Review
At the time new buildings or developments are presented for site plan review, proposals for all signs tobe installed on any buildings or premises shall be reviewed and will require planning commissionapproval. Signs to be added to existing buildings or uses, or signs that are to be enlarged, changed, orsubstantially modified, shall also be reviewed and approved.
All off-premises signs shall be subject to approval by the planning commission. All signs shall bepermanently maintained and kept in a safe manner. 10.23.050 Required Drawings and Information
All applications for approval shall be accompanied by drawings drawn to scale and dimensioned, andwhich illustrate the following:
A.
A site plan with dimensioned property lines showing existing and proposed buildings and parkingareas.
B.
On the site plan, the location of all existing or proposed signs on buildings or premises.
C.
Full color elevations of all signs, showing the dimensions and square foot area, the dimensions ofthe wall upon which the sign is to be erected, and the size of any existing signs on the same wall,if any.
D.
Height and size of all free-standing signs.
E.
Type of sign illumination, if any.
F.
Details of sign construction and attachment.
10.23.060 Measurement of Signs
In determination of the square footage and height of signs, the method of measurement shall be asfollows:
A.
Sign copy mounted or painted on a background panel or area distinctively painted, textured, orconstructed as a background for the sign copy: Sign area shall be measured as that areacontained within the outside dimensions of the background panel or surface.
B.
Sign copy mounted as individual letters and/or graphics against a wall or fascia of building orother structure that has not been painted, textured, or otherwise altered to; provide a distinctivebackground for the sign copy: Sign area shall be measured as the area enclosed by the smallestsingle rectangle that will enclose all sign copy.
C.
Sign copy mounted or painted on an illuminated sign or illuminated architectural element of abuilding: The entire illuminated surface or illuminated architectural element which contains signcopy shall be counted as sign area.
D.
Sign area shall include the areas of all permitted signs, except non-residential, district directionalsigns assisting in the flow of traffic, street addresses, or signs necessary for safety (e.g., stopengine, no smoking) that do not exceed two square feet in area.
E.
For a sign having more than one component - e.g. a service station identification/price signcombination on a monument base - mounted on the same surface; the sign area shall be thearea of the smallest rectangle that will encompass the several components of the sign.
F.
Height of free-standing signs shall be the distance from the top of the sign structure to the top orcurb or crown of roadway where no curb exists. The height of any monument base or otherstructure erected to support or ornament the sign shall be measured as part of the sign height.
G.
Height of wall signs shall be the distance from the top of the sign structure to the top of curb orcrown of road where no curb exists.
10.23.070 Prohibited Signs
Signs not specifically authorized are prohibited, including but not limited to the following:
A.
Political signs in public rights-of-way or public property.
B.
Signs announcing the proposed development of property prior to site plan or subdivision approvalor after issuance of certificate of occupancy.
C.
Signs mounted, attached, or painted on trailers, boats, or motor vehicles when parked forextended periods of time on or near the premises.
D.
Roof signs, or signs that project above the highest point of the roof line or parapet of the building.
E.
Any sign with intermittent or flashing illumination, animated, or moving signs (Public Safetymessage centers may be allowed).
F.
Signs that emit sound.
10.23.080 Clear View of Intersecting Streets
In all zone districts which require a front yard, no sign shall be placed on any corner lot within a triangulararea maintain a clear view area as defined in Section 10.05.160.
10.23.090 Change Of Business Name
Whenever the name of a business changes, the signs on the premises shall be modified to bring theminto conformance with these regulations, even though the intended change is a change of sign copy only.This regulation shall not apply to directory signs designed with interchangeable letters or panels.
10.23.100 Specific Sign Regulations
A.
Miscellaneous Signs
1.
On-Premise Signs
a.
In all zoning districts, signs may be erected to advertise the sale, rent or lease of propertyupon which said signs are placed. Said signs shall be limited to one sign per streetfrontage, and shall not exceed an area of eight square feet in residential zones or 32square feet in nonresidential zones. No sign permit shall be required.
b.
For promotional purposes, one on-site sign, not exceeding 96 square feet, may beerected in conjunction with a construction project in a commercial or manufacturingzone. All such signs shall be set back at least 10 feet from any public or private right-of-way, and no freestanding sign shall exceed 12 feet in height. All signs shall be removedwithin 30 days after final inspection of the last building in the project. Signs may utilizeexternal lighting, but may not be internally lighted. No sign permit shall be required.
c.
Open House signs advertising real estate open for inspection for a prospective sale maybe placed on private property with the consent of the owners, lessee or occupant. Suchsigns may state the name of the person or firm sponsoring the open house. Such signsshall not exceed eight square feet in area and shall be exempt from the permitrequirements of this Title.
2.
On-site service signs may be erected for the purpose of facilitating or controlling the efficient orsafe movement of pedestrians or vehicles on or into private property, and shall be located on theproperties on which they pertain. Such signs may include incidental identification typeadvertising but shall not exceed 16 square feet. No sign permit shall be required.
3.
A maximum of two development or promotional signs may be placed off-site with a maximumarea of 32 square feet, and shall be set back 10 feet from the right-of-way of any public streetand, therefore, require a letter of consent from the property owner. A minimum spacing of 50 feetshall be maintained between such signs. All of the above signs shall be removed no later than 30days following the completion of the project.
4.
Political signs relating to the nomination or election of any individual for public office or advocacyof any issue to be voted upon at any special or general election shall be allowed under thefollowing conditions:
a.
Any such sign shall be temporary in nature and shall be removed within 15 days after thedate of the election. If said signs are not removed, the Town may remove said signs andcharge a reasonable fee, as determined by the Town Council, based on actual costs ofremoval for each sign requiring removal. The bill shall be sent to the appropriatecandidate or political association responsible for such sign(s).
b.
Any such sign to be placed within a residential zone shall not exceed an area of 16square feet.
c.
Such signs may not be permitted in the public right-of-way.
d.
Such signs shall not be permitted on utility poles, structures or rights-of way.
5.
One nameplate or marker shall be allowed for each dwelling to indicate the occupant's name.Said nameplate shall not exceed two square feet in area, and may contain an occupationaldesignation.
6.
The following signs, and these signs only, may be used to promote sales of homes in newsubdivisions:
a.
For subdivisions which include five or more lots, major promotional signs, not exceedingone 64 square foot sign for each builder, may be used. The total area of all such signsshall not exceed 128 square feet. Individual phases of a subdivision shall not beconsidered separate subdivisions. No single sign shall exceed 64 square feet.
b.
Subdivisions which include five or more lots may attach one wall sign to one model homefor each builder in the subdivision. This sign shall not exceed 32 square feet in area.
c.
One stationary open house sign may be used for each model home. Suchsigns may state the name of the builder, purchase terms, and/or the hourswhen the model will be open, among other things. This sign shall notexceed 16 square feet in area.
d.
Off-site promotional signs may be used as specified in Section 10.23.100(A)(3) above.
e.
All subdivision signs shall be set back a minimum of five feet from any public or privateright-of-way. Flag poles may be located within one foot of property lines. No freestandingsign shall exceed 12 feet in height. Signs may utilize external lighting but shall not beinternally lighted. All signs shall be removed within 30 days after final inspection of thelast home in the subdivision.
f.
Mobile signs are prohibited.
B.
Temporary On-Premise Signs: Temporary signs shall conform to the following provisions.
1.
Commercial off-premise temporary signs are prohibited.
2.
Temporary signs shall be limited to no more than 30 days
3.
No temporary signs, banners, bunting, etc., shall be allowed within 20 feet of any property line.Non-business oriented banners whose sole intent is to promote festivals, holidays, seasons, orother community events are excluded from the provisions of this ordinance.
4.
Inflatable and mechanical signs such as televisions, gorillas, dinosaurs, etc., shall not be allowedin the landscaping or within 20 feet of the property line, whichever is greater. The height of theballoon or inflatable shall not exceed the distance to the closest property line or the nearestabove ground utility line measured from where the item is anchored.
5.
Streamers or pennant-type streamers shall not be allowed within the required 20 foot setbacks.
6.
In all commercial (C) zones, commercial vehicles with signs larger than four square feet shall notbe parked within 40 feet of any property line adjacent to a public street. Such vehicles shall notbe used as parked or stationary outdoor display signs.
7.
Home occupation off-premise temporary signs are prohibited.
C.
Monument Signs: Monument signs, as defined in this Title, shall be allowed in conformity with thefollowing provisions: Monument "on-premise" signs will be allowed in all Commercial andIndustrial/Manufacturing zones, provided that:
1.
For signs less than or equal to five feet in height measured from final grade, a minimum setbackfrom the public right-of-way of five feet is required. For signs greater than five feet in height, asetback equal to the sign's height is required, unless this requirement is specifically waived bythe Planning Commission through the issuance of a conditional use permit;
2.
Such signs shall be incorporated into a landscape design scheme or planter box equal to at leasttwice the area of the sign, unless little flexibility exists on the site and a waiver is granted by theTown Staff or designee. The landscaping shall have a slope no greater than one to four and theoverall height of berm or planter box shall not exceed three feet;
3.
Such signs shall generally maintain a 100 foot separation from all other signs and 50 feet from theside and rear property lines that are not adjacent to a public right-of-way. In situations withminimal frontages where very little flexibility in sign placement exists, less stringent standardsmay apply as determined by the Town Staff or designee;
4.
Such signs shall be limited to 50 square feet in area for signs up to five feet in height and anadditional 10 square feet of area may be added for every additional foot in height over five feet;
5.
Such signs shall be limited to one monument sign per 200 feet of frontage.
6.
Such signs shall contain no animation.
7.
Such signs shall be processed as permitted uses for signs equal to or under 10 feet in height andas conditional uses for signs over 10 feet in height, unless specifically limited by the appropriatezone.
8.
The base of such signs shall be limited to 50% of the maximum area allowed for the sign, asspecified in line 4 above.
9.
The base of such signs shall be equal to or greater in size than the total horizontal dimension ofthe sign face.
D.
Billboards. Billboards are prohibited. A billboard is an off-site advertising sign (usually 12 feet by25 feet) along an Interstate Highway, State Highway or City Street.
10.23.110 Sign Requirements by Zoning District
A.
Residential and Agricultural Districts. Signs in this district are subject to all general regulations setforth in this Title and to the following additional requirements:
1.
Only the following signs are allowed in residential and agricultural districts:
a.
Name plates;
b.
Public necessity signs;
c.
Property signs;
d.
Monument signs under six feet in height;
e.
Identification signs;
f.
Service signs;
g.
Conditional use signs;
h.
Development promotional, and off-site directional signs;
i.
Political signs; and
j.
Temporary on or off-premise signs.
2.
These signs shall conform to the following provisions:
a.
One non-illuminated nameplate for each dwelling unit, not exceeding two square feet inarea, indicating the name of the occupant and/or an approved home occupation;
.
One or more public necessity signs not exceeding 24 square feet in combined total area foreach commercial or residential use lawfully occupying the premises, provided that noone sign shall exceed 8 square feet in area;
.
Monument signs, as described in 10.23.100, for uses other than home occupations; or
.
One or more service signs not exceeding 16 square feet per sign for each residential oragricultural business use lawfully occupying the premises.
B.
Commercial Districts. Signs in this district are subject to all general regulations set forth in thisChapter and to the following additional requirements::
1.
Only the following signs are allowed in Commercial district:
a.
All signs allowed in residential districts as specified in this Chapter;
b.
On-premise signs as specified in 10.23.100, pole signs, and monument signs asdescribed in 10.23.100;
c.
Electronic Public Safety Message Signs displays shall be allowed; and
d.
Painted signs or walls of buildings are permitted with approved professionally prepareddesigns. Maximum size regulations may be exceeded with Planning Commissionapproval.
2.
These signs shall conform to the following provisions:
a.
The maximum height of a pole sign shall be 35 feet above the grade of the front sidewalkor property line. Clearance shall be a minimum of 10 feet between the bottom of the signface and the ground where vehicular or pedestrian traffic is anticipated.
b.
Freeway oriented pole signs may extend to a maximum of 60 feet above ground. Themaximum sign area of a freeway oriented pole sign may be up 500 square feet. The signarea shall be based on a ratio of 1 square foot of sign area for 1 lineal foot of freewayfrontage. A minimum of 250 lineal feet of freeway frontage is required for a pole sign tobe permitted.
c.
The minimum front yard setback for any pole signs shall be 10 feet for signs less than orequal to 15 feet in height. Signs exceeding 15 feet in height shall be set back oneadditional foot for each foot of height over 15 feet up to the maximum height allowed inthe zone. The sign setback shall be measured from the future right-of-way line (seeTown Transportation Plan). In situations where inadequate front yard setbacks exist dueto existing building location, and a property owner wishes to place a new sign in thefuture right-of-way, the property/sign owner must sign a recorded statement or delayagreement for voluntary relocation at their expense, when the road is widened.
d.
All pole signs shall be placed in a landscaped area at least equal to twice the area of thesign and be architecturally compatible with the building style, colors, and/or materials.
e.
The area limitation for a pole sign shall not exceed one square foot of sign area for everylineal foot of the frontage occupied by the use for which the sign is intended. Themaximum pole sign area shall be 300 square feet.
f.
The area limitation for signs on the face of a building or structure shall be ten (10) percentof the front first (defined as the actual first story height or fifteen (15) feet whichever isless) story face and five percent of any other first story face. Fifteen (15) percent of thefront first story face may be allowed, if no pole signs are requested.
g.
All pole signs shall be processed as Permitted Uses and shall only be allowed onproperties encompassing at least 8 acres. Interior lots may have one pole sign subject tothe provisions of this Ordinance. Corner or double-frontage lots / commercial complexesmay choose two on-premise signs (one per frontage) and one off-premise sign, if sodesired.
h.
Development projects shall submit their sign proposals with the developmental planscovering lot size, frontage, and setbacks.
i.
Projection of pole signs is permitted into the setback area to a maximum depth of threefeet.
j.
Pole signs shall have the lumination limits from dusk to dawn of the following:
Mounting Height to Top of Lighting Fixture (Feet)Lumen Maximum per side
61,000 lumens
81,400 lumens
101,800 lumens
122,200 lumens
For signs over 12 feet add 100 lumens per foot to a maximum of 4,000 lumens
3.
All signs in the Commercial district shall measure their setback from the existing right-of-way, ifno right-of-way is needed, or future right-of-way (see Town Transportation Plan).
C.
Industrial/Manufacturing District. Signs in this district are subject to all general regulations setforth in this Title and to the following additional requirements:
1.
Only the following signs are allowed in the "M" district: All signs as allowed in Section10.23.110(C)(1).
2.
These signs shall conform to the following provisions:
a.
The maximum height of a pole sign shall be 35 feet above the grade of the front sidewalkor property line. Clearance shall be a minimum of 10 feet between the bottom of the signface and the ground where vehicular or pedestrian traffic is anticipated.
b.
The minimum front yard setback shall be 10 feet for signs less than or equal to 15 feet inheight. Signs exceeding 15 feet in height shall be set back one additional foot for eachfoot of height over 15 feet up to the maximum height allowed in the zone. The signsetback shall be measured from the future right-of-way line (see Town TransportationPlan). In situations where inadequate front yard setbacks exist due to building location,and a property owner wishes to place a new sign in the future right-of-way, theproperty/sign owner must sign a recorded statement or delay agreement for voluntaryrelocation at their expense, when the road is widened.
c.
All pole signs shall be placed in a landscaped area at least equal to twice the area of thesign and be architecturally compatible with the building style, colors, and/or materials.
d.
The area limitation for a pole sign shall not exceed one square foot of sign area for everylineal foot of the frontage occupied by the use for which the sign is intended. Themaximum pole sign area shall be 300 square feet.
e.
The area limitation for signs on the face of a building or structure shall be 10 percent ofthe front first (defined as the actual first story height or 15 feet whichever is less) storyface and five percent of any other first story face. Fifteen percent of the front story facemay be allowed, if no pole signs are requested.
f.
All pole signs shall be processed as Permitted Uses and shall only be allowed onproperties encompassing at least 8 acres. Interior lots may have one pole sign subject tothe provisions of this Ordinance. Corner or double-frontage lots/commercial complexesmay choose two on-premise signs (one per frontage) if so desired.
g.
Development projects shall submit their sign proposals with the developmental plans.
h.
Projection of pole signs is permitted into the setback area to a maximum of three feet.
i. Pole signs shall have the lumination limits from dusk to dawn of the following:
Mounting Height to Top of Lighting Fixture (Feet)Lumen Maximum
61,000 lumens
81,400 lumens
101,800 lumens
122,200 lumens
For signs over 12 feet add 200 lumens per foot to a maximum of 4,000 lumens