ARTICLE XX
SIGN
REGULATIONS
SECTION 1. GENERAL REQUIREMENTS:
1. It shall be unlawful for any person to erect,
move, alter, change, repair, place, suspend, or to cause or permit to be
erected, moved, altered, changed, repaired, placed, suspended, or attached any
sign in violation of this Zoning Ordinance and this Article.
2. It shall be unlawful for any person or persons to
fasten, paste, place, post, paint, or attach in any way any sign, handbill,
poster, advertisement, or notice of any kind or sort, whether political or
otherwise, or to cause the same to be done, in or upon any curbstone, lamp
post, telephone, telegraph, or electric light pole, tree, or bridge. It shall
be unlawful to paste, place, paint, or attach any sign on any building, street,
or property of the City; provided, however, that any property owner or the
occupant of any property abutting on any public street in the City or County
may paint or stamp the address of such property upon the curbing directly in
front of the building or to have same painted thereon, subject to approval by
the Building Official.
3. Billboards are defined as signs advertising
products or services other than those available on the premises and which have
an area of three hundred (300) square feet or more per face. Billboards shall
not be permitted under these sign regulations in any City Zones.
SECTION 2. SPECIFIC REQUIREMENTS: Requirements for signs erected in the Elkhart
Zoning Jurisdiction are as follows:
1. Advertising signs, other than billboards, which call
attention to an activity or product located on a different tract from the sign.
Advertising signs are permitted in the A L, C 1, C 2, I 1, and
I 2 Districts only. In the A L District, an advertising sign shall be
allowed by special use permit only when submitted, reviewed, and approved by
the Board of Zoning Appeals and under such conditions as the Board may impose:
a. The advertising sign shall not exceed fifty (50)
square feet in area for a single- or double-faced sign; the bottom edge of the
sign shall be at least three (3) feet above the average ground level; and the
top edge not higher than ten (10) feet above the average ground level.
b. The advertising sign shall not be located closer
than 500 feet from two or more intersecting roads. Not more than one (1) such
sign shall be permitted on one road side within any one mile.
c. An applicant for a special use permit to erect an
advertising sign shall submit to the Board a plot plan showing the location,
size, and construction details of the proposed sign installation; a letter from
the property owner indicating intent to lease said property together with a
copy of terms of said lease. Such permit
shall be issued for a period of five (5) years, and its renewal shall be
subject to a review of the site and changed conditions within the surrounding
area.
2. Business signs which call attention to an
activity or product located on the tract upon which the sign is located are
permitted in the A L, C S, C 1, C 2, I 1, and I 2
Districts only, except as may be expressly permitted below.
3. The gross surface area on one side of an
advertising or business sign shall not exceed the following limitations:
District Formula (square feet) Maximum Area
Possible
A L, C 1, No greater than three (3) times
the lineal 300 square feet C 2 feet of frontage of the lot occupied by the
building. Each side of the lot whic h abuts upon a street shall be considered a
separate frontage, and the gross surface area of all signs located on each side
of a building shall not exceed three (3) times the lineal feet of the separate
footage.
District Formula (square feet) Maximum Area
Possible
I 1, I 2 (same as above) Not Applicable In
all districts, individual letters with no background shall be measured by the
minimum rectangular area necessary to encompass such letter or by a combination
of rectangles as are necessary to encompass letters of irregular dimensions.
4. Building signs are permitted in the A L, C
S, C 1, C 2, I 1, and I 2 Districts only, subject to the
following:
a. The building sign shall be affixed flat against
the face of the building as opposed to perpendicular and/or double faced.
5. Marquee and canopy signs are permitted in the C
1 and C 2 Districts only. The
sign must be mounted either on the front edge of the marquee or canopy, or
suspended beneath (see 10 below). Signs suspended beneath a marquee or canopy
shall not exceed eight (8) square feet in surface area and shall contain an
announcement of the business name only. The lowest elevation shall always be no
less than eight (8) feet above the sidewalk surface. The canopy or marquee
shall be constructed and maintained in accordance with the Building Code of the
City.
6. A maximum of two (2) business signs [only one (1)
on a facade] shall be allowed for a business or profession conducted on the
premises in the I 1, and I 2 Districts. In the C 1 District, a
maximum of four (4) business signs shall be allowed, except that an additional
number of signs may be allowed in the C 1 District by special use permit
when submitted, reviewed, and approved by the Board of Zoning Appeals and under
such conditions as the Board may impose.
7. All signs in the C S, I 1, and I 2
Districts shall be affixed to or be a part of the building if within fifty (50)
feet of a residential district.
8. Except as provided in 6 above, no sign shall be
permitted to overhang a road, street, or alley right-of-way, and no sign shall
be located in a manner as to constitute a traffic hazard.
9. Any sign, other than one affixed flat against the
face of a building, which is located within three (3) feet of a driveway or
parking area or within fifty (50) feet of the intersection of the centerlines
of two (2) or more streets, measured along the adjacent curb lines, shall have
its lowest elevation at least ten (10) feet above curb level to avoid creation
of line-of-sight or other traffic -related obstructions.
10. All lighted signs in direct vision of a traffic
signal shall not be in red, green, or amber illumination.
11. Non-flashing, illuminated signs shall be
permitted providing said sign shall not beam upon any street or any residential
district, except as provided in 20 and 21 below. Clocks and/or thermometers
installed for public convenience and information are exempt from this
requirement.
12. Where a sign is illuminated by light directed
upon it, the direct ray of light shall not beam upon any existing residential
district, except as provided in 20 and 21 below, or into any street.
13. Flashing, moving, or animated signs in the C
S District are not permitted within five hundred (500) feet of a residential
district or where the rays of light from the sign beam upon any part of any
residential district. In the C S District, no high intensity strobe or
flashing lights shall be permitted to be used with any sign or separately.
14. In the C 1, C 2, I 1, and I 2
Districts, flashing, moving, or animated signs shall be permitted only upon
approval of the City Building Inspector providing it is first determined that
the location and colors will in no way create a traffic hazard or confusion
with traffic lights and with lights on emergency vehicles and that direct rays
of the sign will not be directed into any residential district.
15. Sandwich board signs are permitted in the C
S, I 1, and I 2 Districts only, providing said sign is permanently
affixed to the surface on which it rests.
16. Non-illuminated nameplates in the A L, R
L, R 1, R 2, and R 3 Districts shall conform to the following
restrictions:
a. The nameplate shall not exceed three (3) square
feet in area.
b. The nameplate shall show only the name and/or
address of the occupant.
17. Non-illuminated single- or double-faced For
Sale and For Rent signs in the R L, R 1, R 2, and R 3
Districts are subject to the following regulations (except as provided in 20
and 21 below):
a. Only one (1) sign shall be permitted per lot.
b. No sign shall exceed four (4) square feet in
area.
c. Signs shall be located no closer than five (5)
feet from any property line and shall not obstruct the view of traffic
approaching a street intersection.
d. When said sign is affixed to a building, it shall
not project higher than ten (10) feet above the ground level.
e. Ground signs shall not project higher than four
(4) feet above ground grade.
18. In the A L District, only one (1)
non-illuminated For Sale, For Rent, or single- or double-faced business
sign shall be permitted per residential building lot. Accessory business signs shall not exceed
fifty (50) square feet.
19. Bulletin boards and signs for churches and other
public institutions are subject to the following regulations:
a. One (1) sign or bulletin board shall be permitted
on each street side if located on the same site as the principal building.
b. If sign or bulletin board is illuminated, the
lights shall be directed away from adjoining residential uses.
c. No sign or bulletin board shall exceed
twenty-four (24) square feet in area.
d. No sign shall be located closer than eight (8)
feet from any side or rear property line.
e. A sign or bulletin board located in the front
yard shall be no closer to the street line than one-half (1/2) the required
front yard.
f. A sign or bulletin board, affixed to a building,
shall not project higher than ten (10) feet above the ground level.
g. Ground signs shall be permanently anchored to the
ground and shall not exceed a height of six (6) feet above normal grade.
h. Buildings constructed on the property line prior
to the adoption of this Ordinance shall be allowed one (1) identification sign
providing said sign is a flat wall sign and permanently attached to the
building.
20. Signage for manufactured home parks and
multi-family developments must meet the following requirements:
a. Only one (1) business sign per street frontage
shall be permitted.
b. No business sign shall exceed forty (40) square
feet in area for each face.
c. Any number of informational and directional signs
shall be permitted and shall contain no advertising or solicitation.
d. All signs may be illuminated, either directly,
indirectly, or internally, providing direct beams of light do not shine off the
site or into any building on the site.
e. Ground signs shall not exceed ten (10) feet in
height.
21. Temporary signs, whether illuminated or
non-illuminated, are permitted in the A L, C S, C 1, C 2, I
1, and I 2 Districts only (except as provided in 18 above).
a. Only one (1) such sign shall be permitted per
location.
b. Temporary signs shall not exceed forty-five (45)
square feet of surface area.
c. No temporary sign, except on approval by the
Governing Body, shall extend over or into any street, alley, sidewalk, or other
public thoroughfare. It shall not obstruct any wall opening.
d. Every temporary sign shall be secured to prevent
movement or overturning, in a manner approved by the building official.
e. All electrical cords to such signs shall be
located so as not to expose them to physical damage. No such electrical cord
shall be laid upon any sidewalk, driveway, or parking lot. All such wiring
shall be subject to the electrical code of the City.
f. Temporary signs shall not exceed six (6) feet in
height and shall be so located so as to avoid creation of line-of-sight or
other traffic -related obstructions.
g. Temporary signs may be granted by permit issued
by the office of the building inspector. Each temporary sign permit shall be
effective for a period of time not to exceed thirty (30) days, may be renewed
for one thirty (30) day extension, not to exceed sixty (60) days total in one
year.
22. Private informational and directional signs
shall contain no advertising or solicitation and are subject to the following
provisions (except as provided in 21 above).
a. Where a sign is illuminated by light directed
upon it, the direct rays of light shall not beam upon any part of any
residential district or into any street.
b. Lighted signs in direct vision of traffic shall
not be in red, green, or amber illumination.
c. Flashing signs shall not be allowed.
d. Only one sign shall be permitted per location.
e. Signs shall not exceed thirty-two (32) square
feet of surface area for each face.
f. No private informational or directional sign,
except on approval by the Governing Body, shall extend over or into any street,
alley, or sidewalk or other public thoroughfare. It shall not obstruct any wall
opening.
g. Any sign, other than one affixed flat against the
face of the building and located within three (3) feet of a driveway or parking
area or within fifty (50) feet of the intersection of two (2) or more streets,
measured along the adjacent curb line, shall have the lowest elevation at least
ten (10) feet above the curb level to avoid line-of-sight or other traffic
-related obstructions.
SECTION 3. PERMITS AND FEES REQUIRED:
1. A permit shall be required for the erection,
construction, or alteration of any sign in the Elkhart Zoning Jurisdiction.
2. Application for permits by other than the
property owner shall be accompanied, in each instance, by either a letter
authorizing the placement of a sign on the land or building, signed by the
owner or his duly authorized agent, or accompanied by a lease showing the right
of the applicant. Such application shall conform to the regulations herein
provided, and no signboard shall be erected or painted on any area until the
application is acted upon and granted.
3. A charge in accordance with a schedule of fees
determined by the Governing Body shall be made for each permit granted.
4. If a sign, for which a permit is granted, is not
erected within sixty (60) days from date of the permit, the permit shall,
unless renewed, become void.
5. Advertising painted or placed on a structure
shall be deemed subject to these regulations if permanent and over eight (8)
square feet in area.
6. All signs shall be constructed, located, and
placed in accordance with local ordinances and the laws of the State of
7. Permits, except for permits for temporary signs,
are issued for the life of the sign so long as it is kept in good condition,
and changing conditions do not make it a hazard or undesirable to adjoining
property owners. In such case, the City may direct its removal.
8. Permits for temporary signs shall be issued for
up to 30 days plus one renewal for a total of 60 days maximum per year.
SECTION 4. NON-CONFORMING SIGNS: All advertising signs, business signs, or bulletin
boards not in accordance or in compliance with this Article which were in
existence as of the date of adoption of this Ordinance, shall be exempt from
this Article except that upon the change of ownership of any building or
property having a non-conforming sign which was in existence prior to the
adoption date, or upon remodeling or renovating of the exterior of any building
to the extent of greater than fifty (50) percent, the non-conforming sign shall
be brought into conformity with this Article and any other City, State, or
Federal regulations.
SECTION 5. REMOVAL OF SIGNS FROM VACANT BUILDINGS: Signs located on vacant
buildings shall be removed by the property owner or his authorized agent within
thirty (30) days after said premises are vacated.