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ORDINANCE NO. - 2015
AN ORDINANCE AMENDING SECTIONS 155.002 (DEFINITIONS)
AND 155.033 (SIGNS) OF THE BEDFORD CITY CODE WHEREAS, Ordinance No. 28-1984 (as amended by Ord. No. 28-1990 and Ord. No. 8-2000) having established certain rules and regulations for signs located within the City of Bedford and having been duly codified in Sections 155.002 (Definitions) and 155.033 (Signs) of the Bedford City Code; and
WHEREAS, the City of Bedford’s sign regulations, including provisions to control the type, design, size, location, motion, illumination, enforcement and maintenance thereof, are established in order to achieve, among others, the following purposes: (a) to maintain high quality districts of all land uses, and attractive public and private facilities of all types, by permitting only signs appropriate to their environs; (b) to provide for reasonable and appropriate methods for identifying establishments in office, business and industrial districts by relating the size, type and design of signs to the size, type and design of the office, business and industrial establishments; (c) to eliminate any conflict between traffic control signs and other signs which would be hazardous to the safety of the motoring public or pedestrians; and (d) to control the design and size of all signs so that their appearance will be aesthetically harmonious with an overall urban design for the area, in accordance with commonly accepted community planning and design practices, and the City's Comprehensive Plan; and
WHEREAS, there is a need to revise said Code sections regarding signs to accomplish the above stated purposes.
NOW THEREFORE, BE IT ORDAINED by the Common Council of the City of Bedford as follows:
Section I. That Section 155.002 (Definitions) of the Bedford City Code shall be amended to add the following definitions, which, for the purposes of this chapter, shall apply unless the context clearly indicates or requires a different meaning:
BILLBOARD. Any sign advertising, identifying or directing attention to any product, service, entertainment or commercial activity not offered upon the lot on which the sign is located.
BUSINESS SIGN. A sign that identifies, advertises or otherwise promotes a business.
DIRECTIONAL SIGNS. Signs intended for the purpose of directing people to or within a site.
FLAG. Any sign of cloth or similar material, anchored along one side, displayed from a single pole, either freestanding or attached to a building.
IDEOLOGICAL SIGNS. Signs other than political and directional signs that communicate a message or an idea for a noncommercial purpose.
ILLUMINATED SIGN. A sign that has characters, letters, figures, objects, designs, or outlines illuminated externally or internally by any light source other than non-reflected natural daylight, including electric discharge by lighting.
NONCONFORMING SIGN OR STRUCTURE. A sign or structure that does not meet the requirements of the Planning and Zoning Code.
OFF-PREMISES SIGN. Signs that advertise a business and are located in a place other than the principal site/location of the business.
POLITICAL SIGN. Signs that express support for candidates for office or urge action on any matter on a national, state, or local ballot.
PORTABLE SIGN. Any sign, illuminated or non-illuminated, which is portable in nature, including, but not limited to, A-frame signs, pedestal stands, portable bulletin boards, vehicle trailers used as signs, etc.
ROOF SIGN. Any sign erected, constructed and maintained wholly upon or over the roof or parapet wall of any building with the principal support on the roof structure.
SIGN. Any surface, substrate, fabric, or device bearing any lettering, pictorial representation, logo, illustration, emblem, symbol, design, sculptured matter, or other figure of similar character designed to convey information visually for purposes of advertisement, announcement, declaration, demonstration, identification or expression and exposed to public view; or any structure, including billboards, poster panels, or other graphic displays, designed to carry the above visual information.
SIGN SURFACE AREA. The surface of the sign upon, against, or through which the message is displayed or illustrated that completely contains the sign message, background of the message and contiguous trims or frames. Any sign supports or structure other than exposed steel framing, which is clad in finished wood, stone, masonry, stucco, or metal, and which does not bear any lettering, pictorial representation, logo, illustration, emblem, symbol, design, sculptured matter, or other figure of similar character designed to convey information visually shall not be included in the sign surface area.
TEMPORARY SIGN. Any sign, banner, flag, pennant, or other display of cloth, canvas, wallboard, board, plastic or other such material, including inflatable signs or balloons, designed to be displayed for a limited period of time.
Section II. That Section 155.033 (Signs) of the Bedford City Code shall be amended as follows:
No sign shall be permitted in any district except as provided below.
(A) Sign permit. No sign larger than 12 square feet, except as specified herein, shall hereafter be erected unless a sign permit has been issued by the Building Commissioner. Applications for sign permits shall include drawings or sketches of the construction and design of the sign and shall be accompanied by such fee as may be established by the Common Council.
(B) Flashing signs. An illuminated sign with flashing reflective spots or flood lamps of 25-watt tungsten or greater intensity shall be deemed a traffic hazard and are prohibited. The City Building Commissioner shall notify the property owner of a violation and grant the property owner five (5) days to remove the sign. If the property owner fails to remove the sign within the five (5) day period, the Building Commissioner may remove and store the sign. The property owner shall be responsible for all costs associated with removing and storing the sign.
(C) Nuisance. No sign shall be constructed, altered, located, or illuminated in any manner which causes undue glare, distraction, confusion, nuisance, or hazard to traffic or to other properties. No sign shall be located in a tree plat nor shall any notice, poster, or other paper or device, calculated to attract the attention to the public, be affixed to any lamp post, public utility pole, or shade tree, or upon any public structure or building, except as may be authorized by law. No sign may be illuminated after 11:00 p.m. if it is located within or adjacent to any residential district, except those businesses remaining open beyond that time in which case illumination shall cease upon closing. If any sign is deemed a nuisance, it may be removed by the City upon authority of the Building Commissioner.
(D) Temporary signs. Temporary signs are permitted within the city, subject to the following requirements and restrictions:
(1) The sign surface area of any temporary sign shall not exceed six (6) square feet in any residential district, thirty-two (32) square feet in any business or commercial district, and sixty-four (64) square feet in any industrial district.
(2) One real estate sign, job sign, and the like, is permitted on any property being sold, leased, or developed so long as said sign is not illuminated. If the sign is greater than thirty-six (36) inches tall, the sign must be located at least fifteen (15) feet from the road right-of-way for lots located on the corner of any street, and at least ten (10) feet for all other lots. If lot frontage prevents compliance with the above setbacks, the property owner may obtain the prior approval of the Building Commissioner to place the sign closer than the above setbacks so long as it does not obstruct visibility or otherwise negatively impact safety. The sign shall be promptly removed ten (10) days after the sale, lease, or development of the property has been completed.
(3) Yard sale signs may be displayed no more than five (5) days prior to the sale and shall be removed the day following the sale.
(4) Special event signs shall be permitted as temporary signs in conjunction with such special events as grand openings or sales. They are allowed to be displayed thirty (30) days before such events and must be removed no longer than ten (10) days after the event. Special event signs may not be displayed to promote more than four (4) events in one calendar year.
(5) No sign permit shall be required for temporary signs.
(E) Identification signs. The following identification signs shall be permitted in all "R" zones, subject to the criteria specified. (1) One nameplate sign, not exceeding two square feet in surface area and not illuminated, is permitted to announce the name, address, or home occupation of the occupant of the premises or the name of the building. The sign shall be mounted flat against a wall of the building or residence. No sign permit is required. (2) Signs for the purpose of identifying the name of schools, churches, community buildings, or other public or semi-public institutional buildings, residential subdivisions, apartment or townhouse developments, or mobile home parks shall be permitted provided the following conditions are met.
(a) The surface area of the sign shall not exceed twenty-four (24) square feet.
(b) If freestanding, the sign shall be located not less than fifteen (15) feet from the road right-of-way. Freestanding signs may be double-sided and shall not exceed five (5) feet in height.
(c) No sign mounted on a building shall project above the ridge line of a sloping roof nor above the eave line of a flat roof.
(d) The Building Commissioner may authorize additional identification signs if a building fronts on more than one thoroughfare.
(3) One bulletin board, not illuminated except by indirect light and not exceeding twenty-four (24) square feet in surface area, is permitted for any church, school, or other similar public or semi-public structure.
(F) Directional signs. Directional signs are permitted subject to the following standards:
(1) On-site directional signs shall be permitted for the purpose of directing traffic and parking. The signs shall not be located in any public right-of-way, and shall not exceed (4) four feet in height.
(2) Temporary off-site directional signs intended for the purpose of directing traffic to activities such as the showing of a model home, home for sale, or grand opening shall be permitted provided the signs do not exceed ten (10) square feet, are not located in any public right-of-way, or situated so as to cause an obstruction or distraction to passing motorists. The signs shall be removed promptly after the sale or special activity has ceased.
(G) Business signs. Business signs shall be permitted subject to the following standards:
(1) One business sign mounted on the building occupied by the business shall be permitted in connection with any legal business or industry if, and only if, the following requirements are met.
(a) The business sign shall not have a sign surface area greater than two (2) square feet for each foot of frontage of the building and shall not project above the ridge line of a sloping roof nor above the eave line of a flat roof.
(b) No sign shall project more than twelve (12) inches over public property.
(2) The Building Commissioner may authorize additional business signs if one of the following conditions are met.
(a) The business fronts on more than one thoroughfare.
(b) More than one business is located in one building. In that instance, the combined total sign surface area shall not exceed two (2) square feet for each foot of the building’s frontage.
(3) In addition to an attached business sign or signs, one single- or doubled-sided, freestanding sign may be erected on a business or industrial site.
(a) The sign surface area shall not exceed one hundred (100) square feet.
(4) Height of setback of signs.
(a) No sign shall exceed thirty-five (35) feet in height, measured from the crown of the road directly in front of the sign.
(b) Business signs within ten (10) feet of the street right-of-way shall be at least nine (9) feet above the ground and vision beneath the sign must be clear except for supporting members.
(c) No sign shall be located on or project over public property.
(5) Exception for Business Signs and Structures. Where a business sign or structure is nonconforming by reason of restrictions on area, lot coverage, height, yards, and other characteristics of the structure or its location on the lot, the structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
(a) No such structure may be enlarged or altered in a way which increases its nonconformity.
(b) Any nonconforming structure damaged by fire, flood, explosion, or other casualty may be reconstructed and used as before if the reconstruction is performed within three months of the casualty, and if the restored structure has no greater coverage and contains no greater cubic content than before the casualty, subject to approval of required variances by the Board of Zoning Appeals.
(H) Off-premises signs.
(1) Permitted. Off-premises (third party or outdoor advertising) signs may be erected on ground or wall location in B-1, B-3, I-1, and I-2 Zones. Only wall signs are permitted in B-2 Zones.
(2) Exemptions: All governmental, educational, and religious organizations are exempt.
(3) Prohibitions. Off-premises signs shall be prohibited in all "R" Zones. All off-premises roof signs shall be prohibited in all zones.
(4) Size, height, and setback.
(a) Off-premises signs shall not exceed one hundred (100) square feet of total surface area per side.
(b) The maximum height of an off-premises sign shall be thirty-five (35) feet.
(c) All off-premises sign structures shall be set back from any public right-of-way a distance equal to or greater than the parking setback for the zoning district for that sign and shall not be erected within a two hundred fifty (250) linear feet of any other off-premise sign. Signs located on streets classified as local shall conform to the prevailing building setback for that zone.
(5) Construction and maintenance.
(a) Structures for off-premises signs shall be of vertical construction, and, where the back is visible, shall be suitably painted or otherwise covered to present a neat and clean appearance.
(b) Only one sign face shall be permitted per sign structure except that back-to-back (double-sided signs) may be permitted. Signs more than one sign-face high or more than one sign-face wide are expressly prohibited.
(c) The area around off-premise sign structures shall be kept clean and all scrub brush, tall grass, and the like, shall be cleared away to a distance of at least ten feet to the rear and sides of structures as well as to the front property line and, if on a corner site, to both property lines.
(I) Shopping centers with more than ten (10) acres.
(1) Only one detached main sign shall be permitted consisting of the Center’s name and the Center tenants’ names (all attached to the same pole structure).
(2) All other signs shall be attached to buildings or store fronts as provided in the section for B-2 classifications; provided, however:
(a) In the event that a shopping center has outlots or satellite store buildings, each said outlot or satellite store building may have a free standing sign not exceeding a sign surface area of one hundred (100) square feet.
(J) Political Signs. Political signs shall be allowed without a permit subject to the following:
(1) Political signs shall be allowed on private property in residential districts with the property owner’s permission subject to the following requirements and restrictions:
(a) They shall not be erected in tree plats or on city easements or otherwise project over or upon public property.
(b) They shall not be posted before April 1st for Primary Elections and October 1st for General Elections.
(c) They shall be removed no later than 10 days after the election.
(d) The sign surface area shall not exceed twelve (12) square feet and may be double-sided.
(2) Political signs shall be allowed in non-residential districts, both on-premise and off-premise, with the property owner’s permission, subject to the following requirements and restrictions:
(a) They shall not be erected in tree plats or on city easements or otherwise project over or upon public property.
(b) They shall not be posted before April 1st for Primary Elections and October 1st for General Elections.
(c) They shall be removed no later than 10 days after the election.
(d) The sign surface area shall not exceed one hundred (100) square feet and may be double-sided.
(e) The setback of these signs will be 25 feet, except for billboard, which will be 50 feet.
(K) Ideological Signs. Ideological signs shall be allowed without a permit in residential and non-residential districts with the property owner’s permission subject to the following:
(1) Residential Districts
(a) The sign surface area shall not exceed twelve (12) square feet per sign and can be double-sided.
(b) There is no time limit.
(c) No more than two (2) signs shall be posted at one time per parcel.
(d) The sign(s) shall not be illuminated.
(e) If the sign is greater than thirty-six (36) inches tall, the sign must be located at least fifteen (15) feet from the road right-of-way for lots located on the corner of any street, and at least ten (10) feet for all other lots. If lot frontage prevents compliance with the above setbacks, the property owner may obtain the prior approval of the Building Commissioner to place the sign closer than the above setbacks so long as it does not obstruct visibility or otherwise negatively impact safety.
(f) The sign(s) shall not be placed in tree plats or on city easements or project over public property.
(2) Non-residential Districts
(a) The sign surface area shall not exceed twenty (25) square feet per sign and may be double-sided.
(b) There is no time limit.
(c) No more than one (1) sign shall be posted at one time per parcel.
(d) The signs other than billboards shall not be located within twenty-five (25) feet of the public right-of-way.
(e) A billboard sign shall not be located within fifty (50) feet of a public right-of-way.
(f) The sign shall not be placed in tree plats or on city easements or project over public property.
(L) Flags. A flag displaying the name, insignia, emblem, or logo of any nation, state, municipality, educational institution, civic/religious/fraternal organization or branch of the U.S. military is exempt from the requirements of this Chapter.
( M) Abandonment. Any sign that is located on property that becomes vacant and unoccupied for a period of three (3) months or more, or any sign which pertains to a time, event, or purpose which no longer applies, shall be deemed abandoned. Permanent signs applicable to a business temporarily suspended because of a change in ownership or management of the business shall not be deemed abandoned unless the property remains vacant for a period of six (6) months or more. An abandoned sign is prohibited and shall be removed by the owner of the sign or the owner of the premises upon notice to the owner by the City Building Commissioner.
(N) Maintenance and Repair. Every sign shall be maintained in a safe, presentable, and good structural condition at all times, including the replacement of defective parts, painting, repainting, cleaning, and other acts required for maintenance of the sign. Compliance shall be required with all standards of this chapter. If the sign is not made to comply with adequate safety standards, the owner shall remove the sign upon notice by the City Building Commissioner.
Section III. Unless specifically modified herein, all other parts of City Code §§ 155.002 and 155.033 shall remain in full force and effect. Section IV. This ordinance shall be in full force and effect from and after its passage, approval by the Mayor and proper publication as required by Indiana law.
Passed and adopted by the Common Council of the City of Bedford, Indiana, this _____ day of __________________, 2015.
______________________________________
Presiding Officer ATTEST:
______________________________________ Julie L. Chase, Clerk-Treasurer
Presented by me to the Mayor of the City of Bedford, Indiana, this ____ day of __________________, 2014.
______________________________________
Julie L. Chase, Clerk-Treasurer
This ordinance approved and signed by me this ____ day of _______________, 2014.
_______________________________________ Shawna M. Girgis, Mayor
ATTEST:
________________________________________ Julie L. Chase, Clerk-Treasurer
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