10. 1 - IMPROVEMENT LOCATION PERMIT
After the enactment of this ordinance it shall be deemed unlawful to erect, place, attach or structurally alter any advertising device in Spencer County, Indiana, unless and until an Improvement Location Permit has been issued. Upon the issuance of said permit the advertising company or its agent may erect, place, attach or structurally alter said advertising device only if the device shall be in conformity with all sections of this PART X.
10.2 - EXCEPTIONS TO 10.1
A name plate not exceeding one (1) square foot, house or address notations, a device pertaining to the sale of the property on which it is located and not exceeding twelve (12) square feet, a device pertaining to a home occupation or sale of farm produce providing it does not exceed twelve (12) square feet and that it is limited to the advertising of items crafted or grown on the premises and that it is located not more than five hundred (500) feet from the actual premises on which the product is being sold, providing that said device shall be in conformity with all other provisions.
10. 3 - AREA AND LOCATION
Yard restrictions set out in other sections of this ordinance do not apply to advertising devices except where direct reference is made to said devices; the restrictions as set forth in this PART X shall apply in all other cases. The size and location of all advertising devices shall comply with the provisions of this PART X.
A) Name Plate or Sign . One per dwelling unit, not exceeding one (1) square foot in area.
B) Home Occupation. Unlighted, not to exceed two (2) square feet in area. The required front setback shall be not less than fifteen (15) feet from the front or side property lines.
C) Temporary. One per lot or use, not to exceed twelve (12) square feet in area, pertaining to sale or rental of property on which it is located; or giving names of contractors, engineers and/or architects during a construction period. The required front setback shall be not less than fifteen (15) feet from the front and/or side property lines.
D) Temporary. One sign, not to exceed one hundred twenty-eight (128) square feet in area and no single dimension to exceed sixteen (16) feet, advertising the sale of lots within the subdivision and located within the subdivision and located thereon, providing that not more than one (1) such sign be located at each major approach to the subdivision. The setback from the front or side lot line shall be equal to one half (1/2) the required front building setback as specified for the zone in which it is situated. Said sign shall be removed by the developer or his agent, upon the completion or the sale of 90% of the lots in the subdivision.
E) Permanent. One identification device not exceeding twenty (20) square feet in area for multiple dwellings, provided that such device shall be located not less than fifteen (15) feet from the front and or side property lines, except where it is affixed to the wall of the building and does not extend over the sidewalk.
F) All advertising devices, except as mentioned in Subsections 1 and 2 of this Section and official signs of government agencies, are prohibited in the R-1 and R-2 zones.
A) No free standing device shall have an advertising area exceeding three hundred twenty (320) square feet in area.
B) No flashing advertising device shall be located within three hundred (300) feet of any residentially zoned or developed area.
C) Yard restrictions shall be as required in the zone in which the device is located.
A) Advertising devices pertaining to a home occupation or sale of farm produce not to exceed twelve (12) square feet and limited to advertising items crafted or grown on the premises and located not more than five hundred (500) feet from the actual premises on which the product is being sold.
B) Free, standing, nonaccessory advertising device, that is, any device advertising a business, use, activity, product or merchandise not sold, handled or occurring on the property on which the device is located shall be subject to the following:
- Such advertising device shall be in conformity with the front yard requirements as specified in PART V, Section 5.1-3-B.
- Said device shall be a minimum of three hundred (300) feet from a line projected perpendicular across the highway from a dwelling, church, school, or public institution.
- Said device shall be a minimum of four hundred (400) feet from any dwelling or land platted, divided, or zoned from residential use, school, church, park, or place of public assembly.
- Said device shall be a minimum of one hundred (100) feet from a side property line, when such property line is a division line of property ownership.
- Said device shall be a minimum of two hundred (200) feet from a railroad or a crossroad intersection, a "T" road or highway entrance, a bridge or a stretch of highway that is specified as being hazardous by the State or County, a turn in the highway or an entering lane or road, and the curve of a curved highway.
A) All devices, either of a temporary or permanent nature, shall be constructed or maintained in a presentable manner for the life of the device.
B) Any nonconforming device that is or becomes in a run-down or objectionable condition shall be removed from the premises by the owner of said device. Said condition shall exist and when the device is determined to be in excess of thirty percent (30%) destroyed by acts of God or man. Said determination shall be made by the Commissioners and the Commission.
C) Any nonconforming advertising device not attached to a building, lawfully existing upon the effective date of this ordinance shall be discontinued on or before ten (10) years after the effective date of this ordinance unless a discontinuance date has been established by a prior zoning ordinance in which case such prior date of discontinuance shall apply, unless in the meantime it is determined or made conforming with this Section.
D) Advertising devices may not contain more than one sign per facing, nor more than two sides per said device.
E) All new devices (except those referred to in Subsection 5-1 of this Section 10.3) in excess of twenty (20) square feet and not an integral part of another structure shall require an Improvement Location Permit.
F) Any device that is deemed a traffic hazard for reason of obstructing the view of an approaching road or intersection, railroad, school playground or park pedestrian crosswalk or any other situation that may endanger health and welfare of any pedestrian or occupant of any vehicle shall be prohibited.
G) Said device shall be a minimum of one thousand three hundred twenty (1,320) feet from another advertising device located on the same side of a two-lane State, Federal or County Highway. Where located in a commercial zone, there shall be a separation requirement of two hundred (200) feet. Where located in an industrial zone there shall be a separation requirement of one hundred (100) feet.
H) For the purposes of sub-paragraph (G) first above, a series of I to 6 signs, each having an area of no greater than six (6) square feet and spaced at least one hundred (100) feet apart, which are designed to be read in sequence to convey a single message, shall be considered as one advertising device.
I) The following signs shall be excluded from the provisions of this ordinance:
1) All signs necessary for convenience and safety established by the Federal, State, and/or County Highway Departments.
2) A notice of change of zoning as established by the Commission.
3) Only those devices of a temporary nature, advertising or giving directions to an official, special event, all such devices shall be removed within twenty-four (24) hours after they become no longer applicable.