HomeMy WebLinkAboutZ-623-17 Carmel Sign RegulationsSponsor: Councilor Kimball
ORDINANCE Z-623-17
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF CARMEL, INDIANA
An Ordinance amending the Sign Regulations in the Carmel Zoning Ordinance
Synopsis:
This ordinance amends the signage regulations to comply with content neutrality requirements of the Reed vs.
Town of Gilbert, AZ Supreme Court case, as well as provides general updates since the last revisions in 2012.
Definitions and references to the Sign Ordinance in other chapters of the Zoning Ordinance were also updated.
WHEREAS, pursuant to the Advisory Planning Law of the State of Indiana (contained in IC 36-7-4),
each unit of local government that wishes to adopt land use and zoning ordinances must first approve by
resolution a comprehensive plan for the geographic area over which it has jurisdiction; and
WHEREAS, the Carmel Clay Comprehensive Plan "C3 Plan 2009" Docket No. 08070020 CP was
given a favorable recommendation by the Carmel Advisory Plan Commission on November 18, 2008, and duly
approved by Resolution No. CC -05-04-09-02 of the Common Council on May 4, 2009, and is therefore the
official Comprehensive Plan of the City of Carmel and Clay Township; and
WHEREAS, pursuant to Indiana Code 36-7-4-602 the Common Council is authorized to amend the text
of the zoning ordinance; and
WHEREAS, pursuant to Indiana Code 36-7-4-610 and City of Carmel Ordinance No. D-1600-02, the
Carmel Zoning and Subdivision Control Ordinances are incorporated by reference into the Carmel City Code;
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana,
that, pursuant to IC 36-7-4-600 et seq. and after Docket No. 16100005 OA having received a favorable
recommendation from the Carmel Advisory Plan Commission on Tuesday, February 21, 2017, it hereby adopts
this Ordinance to amend the Carmel Zoning Ordinance (Ordinance No. Z-289, as amended), to read as follows:
Section I:
a. Amend Chapter 3: Definitions as follows:
3.07 Definitions.
CONSTRUCTION SITE. A parcel of land that is under active development, for which an Improvement Location Permit has been
issued.
ELECTRONIC SCROLLING NUMERALS: In reference to signs, numbers that,move electronically to change the display. Light may
shine through the numeral; however, the numeral is not constructed of lights.
FLAG POLE. A pole used solely for flying a flag, which does not include any other structures or fixtures.
SIGN MASONRY. Brick, stone, concrete, concrete masonry units (CMUs) or simulated/man-made stone used to construct the base of
a Ground Sign.
SIGN, ADDRESS. Address numbers identifying a building may be placed on any Fagade of the building
SIGN, ENTRANCE. A ground sign located at the vehicular entrance to a Residential Complex or Multi -Tenant Building Complex.
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SIGN, GOVERNMENT. A sign that is constructed, placed, or maintained by the federal, state, or local government or a sign that is
required to be constructed, placed, or maintained by the federal, state, or local government either directly or to enforce a
property owner's rights.
SIGN, GROUND. A sign supported by one or more uprights or braces placed in the ground, not attached to any building or structure.
SIGN, INTEGRAL. A sign that is embedded, extruded or carved into the material of a building fagade. A sign made of bronze,
brushed stainless steel or aluminum, or similar material attached to the building fagade.
SIGN, OFF PREMISE. Signs which advertise goods, products, services, facilities, an activity, business, project or service no longer
conducted on the premises where the sign is located. Also includes signs which direct persons to a different location (or to a
telephone number at a different location) from where the sign is installed.
SIGN, PROJECTING. A sign attached to and supported by a building and which extends out at any angle therefrom. It may also be
referred to as a Blade sign. Typically projecting signs are more horizontally oriented and Blade signs are more vertically
oriented on the building.
SIGN, PUBLIC ACCESS ENTRANCE. A sign located at a Public Access Entrance.
SIGN, ROOF. A sign established and maintained upon the roof of a building which is located between the roof line and the roof
crown.
SIGN, SECONDARY PROJECTING. A sign established under an Awning or perpendicular from the wall on a smaller scale intended
for pedestrian traffic. Secondary Projecting signs shall be considered Wall Signs.
SIGN, TRAFFIC DIRECTIONAL. Sign directing traffic movement onto and/or within a premise. Standard traffic directional signs,
such as STOP and YIELD signs, shall comply with the "Uniform Manual for Traffic Control Devices."
SIGN, VEHICLE. A sign on a vehicle of any kind, provided the sign is painted or attached directly to the body of the original vehicle
and does not project or extend beyond two (2) inches from the original manufactured body proper of the vehicle. The vehicle
to which the sign is attached shall be in proper working order and shall bear a current license plate and shall not be
permanently parked on a public street or street right-of-way.
STRUCTURE, ACCESSORY. A Structure which is on the same parcel of property as a Principal Building and the use of which is
incidental and subordinate to the use of the Principal Building.
b. Amend Chapter 25: Additional Use Regulations as follows:
25.08 Construction Facilities, Temporary.
Temporary Construction Facilities, which shall include temporary construction offices, temporary storage units, and
temporary sales facilities shall only be permitted in the zoning districts as per Appendix A: Schedule of Uses.
25.08.06 Signs for Temporary Construction Facilities shall be prohibited except as provided by Section 25.07: Sign
Ordinance.
25.22 Sales, Outdoor, Temporary Use.
As an Accessory Use to the Primary Use on the same lot or tract of land, a person conducting an established business in a
building shall be permitted to temporarily display goods or merchandise and shall conform with all of the following
requirements:
25.22.07 Signs for Outdoor Sales shall be prohibited except as provided by Section 25.07: Sign Ordinance.
25.23 Special Event, Outdoor, Temporary Use.
25.23.05 Signs for Special Outdoor Events shall be prohibited except as provided by Section 25.07: Sign Ordinance.
25.24 Sales, Seasonal Outdoor, Temporary Use.
25.24.06 Signs for Seasonal Outdoor Sales shall be prohibited except as provided by Section 25.07: Sign Ordinance.
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25.25 Sale of Fireworks, Temporary Use.
25.25.04 Signs for Sale of Fireworks shall be prohibited except as provided by Section 25.07: Sign Ordinance.
C. Amend Chapter 25.07. Sign Ordinance as follows:
25.07.01 General Provisions...........................................................................
2
25.07.01-01
Definitions........................................................................
2
25.07.01-62
Purpose and Intent...............................................................
2
25.07.01-03
Administration and Enforcement .............................................
2
25.07.01-04
Sign Maintenance...............................................................
3
25.07.01-05
Exempted Signs..................................................................
3
25.07.01-06
Prohibited Sims..................................................................
4
25.07.01-07
Legal Non -Conforming Signs ...................................................
5
25.07.02 Permanent Signs...............................................................................
6
25.07.02-01
Residential Complex..................................................................
6
25.07.02-02
Home Occupation and Boarding House ...............................................
6
25.07.02-03
Single Tenant Building...........................................................
7-8
25.07.02-04
Multi -Tenant Buildings...............:.........................................
8-10
25.07.02-05
Window Signs.....................................................................
10
25.07.02-06
Drive-Thru Food Service.........................................................
11
25.07.03 Temporary
Signs..............................................................................
12
25.07.03-01
Construction Site..........................................................................
12
25.07.03-02
Property for Sale/Lease............................................................12
25.07.03-03
Signage for Temporary Use ....................................................
13
25.07.03-04
Yard Sign in a Residential District .............................................
13
25.07.03-05
Permitted Banners.................................................................
13-14
Sign Chart A: Ground Signs....................................................................................
15
Diagram 1: Sign Face Separation.....................................................................
16
Diagram 2: Public Event Sign Structure...............................................................
16
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25.07 Signs.
25.07.01 General Provisions.
25.07.01-01 Definitions.
Terms used in this Ordinance are defined in Chapter 3: Definitions.
25.07.01-02 Purpose and Intent.
Signs obstruct views, distract motorists, displace alternative uses for land, and pose other problems that legitimately call for
regulation. The purpose of this article is to regulate the size, color, illumination, movement, materials, location, height and
condition of all signs placed on private property for exterior observation, thus ensuring the protection of property values, the
character of the various neighborhoods, the creation of a convenient, attractive and harmonious community, protection
against destruction of or encroachment on historic convenience to citizens and encouraging economic development. This
article allows adequate communication through signage while encouraging aesthetic quality in the design, location, size and
purpose of all signs. This article must be interpreted in a manner consistent with the First Amendment guarantee of free
speech. If any provision of this article is found by a court of competent jurisdiction to be invalid, such finding must not
affect the validity of other provisions of this article which can be given effect without the invalid provision.
25.07.01-03 Administration and Enforcement.
a) The Administrator is hereby authorized and directed to enforce and carry out all provisions of this section both
in letter and spirit, pursuant to state statute.
b) The Administrator is further empowered to delegate the duties and the powers granted to and imposed upon
him/her under this Ordinance. As used in this section, "Administrator" shall include any authorized
representative(s).
C) The Administrator is hereby empowered to enter or inspect any building, structure, or premises in the
jurisdictional area of this Ordinance, upon which, or in connection with which a sign is located, for the purpose
of inspection of the sign, its structural and electrical connections, and to insure compliance with the provisions
of this section. Such inspections shall be carried out during business hours, unless an emergency exists.
d) Except as otherwise provided in this Ordinance, it shall be unlawful for any person to establish any sign within
the City of Carmel and/or Clay Township, without first obtaining a Sign Permit for each such sign from the
Administrator as required by this Ordinance.
e) No person shall Establish any sign upon any property or building without the consent of the owner or person
entitled to possession of the property or building if any, or their authorized representative.
fj The Administrator may, in writing, suspend or revoke a permit issued under provisions of this Section
whenever the permit is issued on the basis of a misstatement of fact or fraud after due notice by and hearing
before the Administrator.
g) No permit for a sign issued shall be deemed to constitute permission or authorization to maintain an
unlawful sign nor shall any permit issued hereunder constitute a defense in an action to abate an unlawful
sign.
h) No new permit is required for signs which have permits and which conform to the requirements of this
ordinance on January 1, 2017 unless and until the sign is altered or relocated in violation of this Ordinance.
i) Permit fees shall be as stated in Section 29.06.05 of this Ordinance.
j) A variance from the terms of these regulations may be submitted to the Carmel Board of Zoning Appeals as
stated in Section 30.05 of this Ordinance.
k) An ADLS Amendment/Sign Permit application may be reviewed by the Director or the Commission as
stated in Chapter 24.99 of this Ordinance.
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25.07.01-04 Sign Maintenance.
a) Every sign, including but not limited to those signs for which permits are required, shall have all parts and
surfaces cleaned, painted or replaced as necessary to maintain the original appearance.
b) A Sign Permit shall not be required for sign maintenance, i.e. the repainting, cleaning and other normal
maintenance or repair, nor for change of copy for legal Changeable Copy of a sign or sign structure for which a
permit has previously been issued.
C) However, any Sign Alteration shall require sign permit approval.
d) Landscaping around ground signs shall be maintained so that the sign may be visible at all times and from all
visual angles.
e) A Sign Permit will not be required for a change of copy for legal Changeable Copy or otherwise allowed under
this Ordinance.
f) All signs shall be subject to an inspection by the Administrator.
25.07.01-05 Exempted Signs.
The following types of signs are exempted from all provisions of this section, but must be established and maintained in such a
manner as to not cause safety hazards. Signs which are included as part of a Sign Plan may require approval by the Administrator,
however, do not require fees. Otherwise, no procedures, approvals, permits or fees are required for the following signs:
a) Each property owner must mark their property using numerals that identify the address of the property so, that
public safety departments can easily identify the address from the public street. The size and location of the
identifying numeral and letters must be proportional to the size of the building and the distance from the street
to the building and in no case larger than one (1) square foot.
b) Integral Signs (three (3) square feet or less).
C) Traffic control devices on private or public property must be erected and maintained to comply with the Manual
of Uniform Traffic Control Devices.
d) Traffic Directional Signs not exceeding three (3) square feet in sign area for any one (1) sign; and not higher
than three (3) feet above ground level. Standard traffic directional signs, such as STOP and Yield signs, shall
comply with the "Manual for Uniform Traffic Control Devices" which can be found at
www.mutcd.fhwa. dot. gov.
e) Government Signs.
fl Flags. Flag Poles must meet the minimum yard setback requirements for a Principal Building or a minimum
of ten feet, whichever is more restrictive.
g) Accessory Structures less than eight (8) feet in height may display a sign no larger than three (3) square feet in
area.
h) Parking lot row/area identifiers (three (3) square feet or less).
i) Umbrella signs (three (3) square feet or less)
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25.07.01-06 Prohibited Signs.
The following types of signs are prohibited:
a) Signs which contain obscene statements, words or pictures.
b) Signs which contain or are in imitation of an official traffic sign or signal or contain the words "stop", "slow",
"caution", "danger", "warning" or similar words, or are of a size, location, movement, content, coloring, or
manner of illumination which may be confused with or construed as a traffic or street sign or signal.
C) Off Premise signs.
d) Signs with a Visible Light Source on the exterior of a Building unless they are permitted specifically by other
sections of this Ordinance (See Section 25.07.02-03).
e) Signs of the flashing, blinking, animated, or audible type, except those giving public service information
placed by the City of Carmel/Clay Township and/or the State of Indiana. (The message can change no more
than one time per 10 seconds.)
f) Signs which rotate, swing, inflate or move as a result of wind (natural or man-made), i.e. banners, posters,
pennants, ribbons, streamers, strings of light bulbs, spinners or similar devices, unless they are permitted
specifically by other sections of this Ordinance (See Section 25.07.03-06).
g) Signs which are located in such a manner as to obstruct the view of the intersection of a street, highway, or trail
crossing.
h) Signs which are projected on, located upon, over, or in any street or highway right-of-way, except for official
highway and regulatory signs of the City of Carmel/Clay Township and the State of Indiana.
i) Portable signs which are not permanently affixed to anything or are moveable.
D Signs which are established on trees, utility poles and fences, unless they are permitted specifically by other
sections of this Ordinance (See Section 25.07.03-06 A).
k) Roof Signs
1) It shall be prohibited to park or use a vehicle in such a way as to function as a sign, defined to include the
parking of any vehicle, trailer or similar movable structure containing or supporting any signage between the
right-of-way line and any public street and the greater of two distances: forward of the Front Line of Building
of the Principal Building or 150 feet from the public right-of-way, with the exception of:
1. Vehicles actively involved in construction on or serving of the site;
2. Vehicles delivering products to the site in designated loading areas;
3. Vehicles parked in designated truck parking areas of a development that have been screened from or
are not generally visible from the public right-of-way;
4. Vehicles parked on sites where parking is not available 150 feet or more from the public right-of-way.
In such cases, vehicles supporting signage shall be located as far as possible from the public right-of-
way, subject to determination by the Director.
5. Passenger vehicles, pick-up trucks, and vans of a size that can fully fit within a standard parking
space, containing signs painted on or permanently affixed on the doors or integral body panels that do
not exceed 16 square feet in area.
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25.07.01-07 Legal Non -Conforming Sims.
a) After the enactment of this amendatory Ordinance, the Administrator shall keep record of those signs and
any necessary proof that said signs are Legal Non -Conforming Signs and record of such signs will be
available to the general public by way of paper copy in the Planning and Zoning Office and on the City's
webpage: www.carmel.in.gov.
b) The Administrator shall also use all reasonable efforts to notify the user or owner of the property on which such
sign is located of the signs non -conformity and whether it is legally non -conforming or is illegal. Should any
questions arise as a result of the Administrator's decision that a sign is a Legal Non -Conforming Sign or is
illegal, the final determination of such status shall be made by the Board as provided for in Section 28.06 of this
Ordinance.
C) Where a non -conforming sign was legally existing on January 1, 2017, the Administrator shall register such
sign as a Legal Non -Conforming Sign, specifying on the registration form the date of the erection or
installation of such sign and, if applicable, the dates on which the Board granted a variance and a Sign
Permit was issued.
d) A non -conforming sign as described in Subsection (C) above which is duly registered shall thereafter be
deemed a Legal Non -Conforming Sign and may be continued without further action.
e) If the Administrator determines that a non -conforming sign was not legally erected or installed, the user or
owner shall have the opportunity to appeal the Administrator's determination to the Board or to obtain a
Variance from the Board allowing the sign to be continued. If the Board has not reversed the
Administrator's determination or granted a variance allowing the sign to be continued, it shall thereafter be
deemed an illegal sign and shall be immediately brought into conformance with this Ordinance or shall be
removed.
f) A Legal Non -Conforming Sign shall immediately lose its Legal Non -Conforming designation if:
1. The sign is not kept in good repair and in a safe condition and the state of disrepair or unsafe condition
continues for six (6) months;
2. The sign is relocated;
3. The complete sign and sign structure are replaced; or
4. The Sign Permit or Variance under which the sign was allowed or permitted expires.
g) On the happening of any one (1) of the above conditions the sign shall be immediately brought into
conformance with this Ordinance with a new Sign Permit secured therefore, or shall be removed.
h) Nothing in this Ordinance shall relieve the owner or user of a Legal Non -Conforming Sign or owner of the
property on which the Legal Non -Conforming Sign is located from the provisions of this ordinance regarding
safety, maintenance and repair of signs.
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25.07.02 Permanent Signs.
A. All signs require Sign Permit approval by the Administrator, except Ch. 25.07.02-05.
B. All Sign Permits require fees per Ch. 29.06.03 of the Zoning Ordinance.
C. No sign shall interfere with Vision Clearance per Ch. 3 of the Zoning Ordinance.
D. All permanent Ground signs require a Landscaped Green Area at its base equal to the Sign Area. For example,
ornamental grasses, shrubs and seasonal flowers.
E. Wall Signs are allowed provided that they fit within the horizontal and vertical elements of the Building and do not
obscure architectural details of the Building.
F. No Wall Sign shall be allowed to extend above the cornice line of a Building, beyond the edges of the wall upon which it
is mounted, nor above the roofline.
G. All sign types shall be designed to relate to the architectural style of the main Building or Buildings upon the site.
H. All signs shall be installed a minimum of five (5) feet from of the street right-of-way.
25.07.02-01 Residential Complex.
a) SIGN CLASSIFICATION: Ground, Projecting, Suspended, or Wall.
b) NUMBER & TYPE:
1. Entrance: One (1) sign per entrance.
a. Matching signs which border either side of one entrance into a Residential Complex shall be
treated as one (1) sign.
b. However, both Sign Faces shall be used to calculate the total Sign Area.
2. Clubhouse/leasing office in a Residential Complex: One (1) sign.
C) MA7GMUM SIGN AREA:
1. Entrance: 50 square feet.
2. Clubhouse/leasing office: 20 square feet.
3. Suspended: 12 square feet.
d) MAXIMUM HEIGHT OF GROUND SIGN: Six (6) feet.
e) LOCATION:
1. Entrance: At vehicular entrance to Residential Complex; installed a minimum of five (5) feet from
the street right-of-way.
2. Clubhouse/leasing office: at pedestrian entrance to Building.
3. Projecting:
a. May be utilized only when the Building on which it is to be established has a Front Yard
with a depth of less than 15 feet.
b. Shall be located a minimum of two (2) feet behind the curb.
C. Shall measure a minimum distance of eight (8) feet from the bottom of the sign to ground
level.
d. May not extend more than five (5) feet from the face of the Building.
f) ILLUMINATION: Permitted.
25.07.02-02 Home Occupation and Boarding House.
a) SIGN CLASSIFICATION: Wall.
b) NUMBER & TYPE: One (1) Sign.
C) MAMGMUM SIGN AREA: Three (3) square feet.
d) LOCATION: As per definition of Wall Sign.
e) ILLUMINATION: Not permitted.
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25.07.02-03 Single Tenant in a Business/Industrial/Manufacturing District.
a) SIGN CLASSIFICATION: Awning, Ground, Porch, Projecting, Suspended, or Wall.
b) NUMBER & TYPE:
1. One (1) sign per Street Frontage, maximum three (3) signs.
2. A building owner with two (2) or more Street Frontages may elect to transfer a permitted sign from
one Street Frontage to another.
3. However, no more than two (2) signs may be oriented to one Street Frontage as follows: one (1)
Projecting or Wall Sign and one (1) Ground or Suspended Sign.
C) MAXIMUM SIGN AREA:
1. Awning:
a. The area of any Awning graphic will be subtracted from the allowable Sign Area of the sign
type chosen.
b. If used as the primary business sign, the allowable Wall Sign Area applies.
2. Ground: Per Sign Chart A.
3. Porch: Six (6) square feet.
4. Projecting: 20 square feet.
5. Suspended: 12 square feet.
6. Wall:
a. 70 percent of tenant's Spandrel Panel height.
b. 85 percent of tenant's Spandrel Panel width, with a 10 percent leeway allowance for
architectural elements that may hinder sign visibility.
C. Spandrel Panel on a glass building will be determined by separation details between the
panes of glass and/or by floor levels. Signs on glass buildings may not obscure vision of
tenants inside the building.
d. No wall sign shall exceed 300 square feet.
d) MAXIMUM HEIGHT OF GROUND SIGN: Per Sign Chart A.
e) LOCATION:
1. Awning: Shall be placed at an appropriate height over windows or doors for protection from the
elements.
2. Ground:
a. Minimum five (5) feet from the street right-of-way.
b. Prohibited on residential structures that have been converted to commercial or office uses.
3. Porch & Suspended: May be utilized only on residential structures that have been converted to office
or commercial uses.
4. Projecting:
a. May be utilized only when the building on which it is to be established has a Front Yard with
a depth of less than 15 feet.
b. Shall be located a minimum of two (2) feet behind the curb.
C. Shall measure a minimum distance of eight (8) feet from the bottom of the sign to ground
level.
d. May not extend more than five (5) feet from the face of the building.
5. Wall: Prohibited on residential structures that have been converted to commercial or office uses.
f) DESIGN:
1. Awning:
a. Text and/or graphics may not exceed 12" high on the front valance of a fabric awning.
b. Valances cannot exceed 14" in height.
C. Text and or graphics may be placed on the top of the Awning.
2. Ground:
a. Base of sign must be constructed of Sign Masonry material to match the design of the
building.
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b. If no masonry material is used on the building, then a Sign Masonry material shall be used as
the base for the ground sign.
C. Width of Sign Masonry base must at least equal the width and depth of the sign.
3. Wall sign: See Ch. 25.07.02 E -F.
4. All others: No restrictions.
g) COPY:
1. Any permissible Ground sign may include Changeable Copy.
2. Any permissible Ground sign for an Automobile Filling Station use may utilize Electronic Scrolling
Numerals.
h) ILLUMINATION: Permitted.
25.07.02-04 Multi -Tenant Buildings in a Business/Industrial/Manufacturing District
a) SIGN CLASSIFICATION: Awning, Ground, Projecting, Secondary Projecting, or Wall.
b) NUMBER & TYPE:
1. Multi -Tenant Ground Floor Building
a. Per Tenant:
1) One (1) Awning, Projecting, or Wall sign per Street Frontage, maximum two (2).
2) One (1) Secondary Projecting sign per tenant Fagade, maximum two (2) for
pedestrian identification along a sidewalk.
3) One (1) Wall sign for the rear parking lot Public Access Entrance Facade if the
building has a Front Yard with a depth of less than 15 feet.
b. Per Building:
1) If a Building has more than one Street Frontage, One (1) Ground sign may be
installed for the Street Frontage without Awning, Projecting, or Wall signs per
25.07.02.04.b). La. 1) above (maximum three (3)).
2) A building owner with two (2) or more Street Frontages may elect to transfer a
permitted sign from one Street Frontage to another.
3) However, no more than two (2) signs may be oriented to one Street Frontage as
follows: one (1) Projecting or Wall Sign and one (1) Ground Sign.
2. Multi -Tenant, Multi -Level Office Building
a. Per Building: Two (2) signs per Street Frontage, maximum six (6).
b. A building owner may transfer Street Frontages for two (2) Wall and one (1) Ground sign to
face the same Street Frontage.
C. Buildings with more than one (1) Public Access Entrance and served by separate parking lots
are permitted one (1) Ground Sign at each of the Public Access Entrances.
3. Multi -Tenant Building Complex
a. One (1) Ground sign per Street Frontage, maximum three (3) in addition to Wall signs for
Multi -Tenant Ground Floor or Multi -Tenant, Multi -Level Office Buildings.
4. Multi -Tenant, Multi -Level, Mixed -Use Building
a. Per Building: One (1) Projecting or Wall sign per Street Frontage.
b. Per ground floor tenant:
1) One (1) Wall or Projecting sign per Street Frontage.
2) One (1) Secondary Projecting Sign per Fagade, maximum two (2) for pedestrian
identification along a sidewalk (See Ch. 25.07.02-04 e) 8. b.).
3) One (1) Wall sign for the rear (parking lot entrance) Facade if the building has a
Front Yard with a depth of less than 15 feet.
C. For upper level tenants:
1) One (1) Multi -Tenant, Multi -Level Mixed Use Wall Sign per Building Fagade at
the ground floor Public Access Entrance OR
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2) One (1) Multi -Tenant, Multi -Level Mixed Use Ground Sign per Building at the rear
Public Access Entrance to the building.
C) MA)GMUM SIGN AREA:
1. Awning: The area of any Awning graphic will be subtracted from the allowable Sign Area of the sign
type chosen.
2. Ground: See Sign Chart A.
3. Multi -Tenant, Multi -Level Mixed Use Building Wall: Six (6) square feet.
4. Multi -Tenant, Multi -Level Mixed Use Building Ground: 12 square feet.
5. Public Access Entrance: 20 square feet.
6. Secondary Projecting: Five (5) square feet.
7. Wall:
a. 70 percent of tenant's Spandrel Panel height.
b. 85 percent of tenant's Spandrel Panel width, with a 10 percent leeway allowance for
architectural elements that may hinder sign visibility.
C. Spandrel Panel on a glass building will be determined by separation details between the
panes of glass and/or by floor levels. Signs on glass buildings may not obscure vision of
tenants inside the building.
d. No Wall Sign shall exceed 300 square feet.
d) MAXIMUM HEIGHT OF GROUND SIGN: Six (6) feet.
e) LOCATION:
1. Awning: Shall be placed at an appropriate height over windows or doors for protection from elements.
2. Ground:
a. Minimum of five (5) feet from street right-of-way.
b. Located at or near the vehicular entrance to the complex.
C. Ground signs are not permitted on residential structures that have been converted to office or
commercial uses.
3. Multi -Tenant, Multi -Level Mixed Use Building Wall: At the Public Access Entrance located at the
rear of a building on the Fagade of the building.
4. Multi -Tenant, Multi -Level Mixed Use Building Ground: At the Public Access Entrance located at the
rear of a building in a Landscaped Green Area.
5. Porch & Suspended: May be utilized only on residential structures that have been converted to office
or commercial uses.
6. Projecting:
a. May be utilized only when the Building on which it is to be established has a Front Yard
depth of less than 15 feet.
b. Shall be located a minimum of two (2) feet behind the curb.
C. Shall measure a minimum distance of eight (8) feet from the bottom of the sign to ground
level.
d. May not extend more than five (5) feet from the face of the Building.
e. A Projecting sign installed on the comer of a Multi -Tenant, Multi -Level Mixed Use Building
will be considered facing two (2) Street Frontages.
7. Secondary Projecting:
a. May be installed under an awning or perpendicular to the Building Fagade near the entrance
to the tenant space.
b. If Projecting sign is selected as main sign type, a Secondary Projecting sign may not be used
on the same Fagade.
8. Wall:
a. Within the Spandrel Panel of the Building Street Frontage occupied by the tenant.
b. For Multi -Tenant, Multi -Level Office buildings, Wall signs facing the same Street Frontage
must be placed symmetrically within the Spandrel Panel, i.e. one on each end of the Fagade.
If a Wall sign is placed in the middle of the Spandrel Panel, no other Wall sign may be
03/20/2017
Ordinance Z-623-17
11
placed on that same Facade.
D DESIGN:
1. Awning:
a. Text and/or graphics may not exceed 12" high on the front valence of a fabric awning.
b. Valences cannot exceed 14" in height.
C. Text and or graphics may be placed on the top of the Awning.
2. Ground:
a. Base of sign must be constructed of a Sign Masonry material to match the design of the
building.
b. If no masonry material is used on the building, then a Sign Masonry material shall be used as
the base for the ground sign.
C. Width of Sign Masonry base must at least equal the width and depth of the sign.
3. Wall: See Ch. 25.07.02 E -F.
4. All others: No restrictions.
5. Sign Plan: Existing or new Multi -Tenant Buildings shall have and follow a Sign Package approved
through ADLS or ADLS Amendment specifying the following:
a. Sign placement on Building and site
b. Wall Sign installation method to Building
C. Lighting method of signage
d. Sign size
g) COPY:
1. Any permissible Ground sign may include Changeable Copy.
2. Any permissible Ground sign for an Automobile Filling Station use may utilize Electronic Scrolling
Numerals.
h) ILLUMINATION: Permitted.
25.07.02-05 Window Signs in a Business/Industrial/Manufacturing District.
a) NON -ILLUMINATED:
1. NUMBER: One (1) or more Window signs per window or window pane subject to maximum Sign
Area for total Window Area.
2. MAXIMUM SIGN AREA: One (1) or more Window signs shall not exceed 30 percent of the total
Window Area on which the signs are placed or through which they are viewed.
3. LOCATION: As per definition of Window sign.
4. REQUIRED APPROVAL: ADLS approval is required for all permanent signs that are established in
a Zoning District and/or Overlay Zone requiring ADLS approval.
b) ILLUMINATED:
1. NUMBER: One (1) sign per tenant/property owner and may be in addition to any other permitted
signs.
2. MAXIMUM SIGN AREA: Three (3) square feet.
3. LOCATION: As per definition of Window sign.
25.07.02-06 Drive-Thru Food Service Signs in a Business/Industrial District.
a) SIGN CLASSIFICATION: Ground Sign.
b) NUMBER & TYPE: Two per establishment.
C) MAXIMUM SIGN AREA: 50 square feet total between the two signs; maximum of 30 square feet per sign.
d) MAXIMUM HEIGHT OF GROUND SIGN: Six (6) feet.
e) LOCATION: In line with the drive-thru lane and shielded from street view.
f) DESIGN:
1. May utilize Electronic Message Board.
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Ordinance Z-623-17
12
2. Base of sign must be constructed of a Sign Masonry material to match the design of the building.
g) ILLUMINATION: Permitted.
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Ordinance Z-623-17
13
25.07.03 Temporary Signs.
Temporary Signs are subject to the following standards:
A. Must only be located on property owner's property and must not be placed on any utility pole, street light, similar
object, or on public property; and
B. If the property is leased, the tenant assumes this right.
25.07.03-01 Construction Site.
a) SIGN CLASSIFICATION: Ground.
b) NUMBER & TYPE: One (1) sign per Street Frontage.
C) MA)QMUM SIGN AREA:
1. Residential zone: 16 square feet.
2. Business/Industrial/Manufacturing zone: 32 square feet.
d) MAXEV UM HEIGHT OF GROUND SIGN: Eight (8) feet.
e) LOCATION: Shall be a minimum of five (5) feet from the street right-of-way.
f) DESIGN: Must be constructed of a rigid substrate material with a durable sign face.
g) REQUIRED APPROVALS: Permit required for signs over six (6) square feet.
h) ILLUMINATION: Not permitted.
0 TIME:
1. Shall not be established until Improvement Location Permit (ILP) is issued.
2. Sign must be removed upon completion of construction or expiration of Improvement Location
Permit (ILP), whichever occurs first.
D FEES: Required for signs over six (6) square feet.
25.07.03-02 Property for Sale/Lease.
a) SIGN CLASSIFICATION: Ground Sign.
b) NUMBER & TYPE: One (1) Ground sign per Property Frontage is allowed when the property is being
offered for sale through a licensed real estate agent or the owner of the property.
C) MAXIMUM SIGN AREA:
1. Residential zones:
a. Lot size less than five (5) acres: Six (6) square feet.
b. Lot size five (5) acres and over: 20 square feet.
2. Business, Industrial, and Manufacturing zones:
a. Non -highway: 20 square feet.
b. Highway: 32 square feet.
d) MAXIMUM HEIGHT OF GROUND SIGN:
1. Lot size less than five (5) acres: Five (5) feet.
2. Lot size five (5) acres or greater: Eight (8) feet.
e) LOCATION:
1. Minimum of five (5) feet from the street right-of-way.
2. For lots with more than one (1) Street Frontage, the distance between any two (2) signs shall not
be less than 15 feet at any point.
3. For Through Lots (fronting two parallel streets), two (2) signs may not face the same street.
f) DESIGN: Sign face may be split up to 60 degrees and still be considered one (1) sign. See Diagram 1.
g) REQUIRED APPROVALS: Permit required for signs over six (6) square feet.
h) ILLUMINATION: Not permitted.
i) TIME: For a period of fifteen (15) days following the closing of the sale on the property.
D FEES: Required for signs over six (6) square feet.
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Ordinance Z-623-17
14
25.07.03-03 Signage for Temporary Uses.
a) SIGN CLASSIFICATION: Wall or Ground.
b) NUMBER & TYPE: One (1) sign.
C) MAXIMUM SIGN AREA: 32 square feet
d) MAXIMUM HEIGHT OF GROUND SIGN: Six (6) feet.
e) LOCATION:
1. Must not interfere with Vision Clearance.
2. Must be a minimum of five (5) feet from the street right-of-way.
f) DESIGN: No restrictions.
g) REQUIRED APPROVALS:
1. Permit required for signs over six (6) square feet.
2. Use must be permitted for proposed zone under Appendix A.
J
h) ILLUMINATION: Not permitted.
i) TIME: Limited to duration of Temporary Use permit.
j) FEES: Required.
25.07.03-04 Yard Signs in a Residential District.
a) SIGN CLASSIFICATION: Ground.
b) NUMBER & TYPE: No restrictions.
C) MAXIMUM SIGN AREA: 16 square feet total for premises.
d) MAXIMUM HEIGHT OF GROUND SIGN: Six (6) feet.
e) LOCATION: Shall be a minimum of five (5) feet from the street right-of-way.
f) DESIGN: As per definition of Ground sign.
g) REQUIRED APPROVALS: None.
h) TIME: No time limit.
i) FEES: Not required.
i
25.07.03-05 Permitted Banners.
A. Street Banners
1. SIGN CLASSIFICATION: Banner.
2. NUMBER, TYPE & LOCATION:
a. One (1) Banner at the intersection of Carmel Drive and Range Line Road;
b. One (1) Banner at the intersection of Range Line Road and City Center Drive/126`
Street;
C. One (1) Banner on the property where the event is held.
d. Sign shall be a minimum of five (5) feet from the street right-of-way.
3. MAXIMUM SIGN AREA: 3' x 8' horizontal format.
4. DESIGN: See Diagram 2.
5. REQUIRED APPROVALS: Permit required.
6. TIME:
a. Shall be installed no more than two (2) weeks prior to the event.
b. Shall be removed no more than 24 hours after the event.
C. Recurring events may be advertised once per quarter.
7. FEES: Not required.
B. Interim Signage.
1. SIGN CLASSIFICATION: Banner.
2. NUMBER & TYPE: One (1) Banner for each approved Permanent sign.
3. MAXIMUM SIGN AREA: Not to exceed the area of the approved Permanent sign.
4. LOCATION: Shall be placed in the location(s) of the not yet erected Permanent sign(s).
03/20/2017
Ordinance Z-623-17
15
5. DESIGN: No restrictions.
6. ILLUMINATION: Permitted.
7. REQUIRED APPROVALS: A sign permit for Permanent signage must be applied for before an
interim Banner permit can be issued.
8. TIME:
a. An interim Banner shall not be displayed for more than 90 days following the issuance of
the temporary Banner permit.
b. An extension of time not to exceed 90 days may be granted. Such extension request must
be made in writing.
03/20/2017
Ordinance Z-623-17
16
Sign Chart A: Ground Signs
SINGLE & MULTI -TENANT BUILDINGS
Distance of Sign from Street
Right -of -Way's
(minimum of 5 feet)
Building
Frontage
(Tenant Unit)
Maximum
Sign Area
Maximum Height
of Ground Sign
5 — 50 feet
under 50 feet
30 sq. ft.
6 feet
51 - 100 feet
45 sq. ft.
6 feet
101 - 150 feet
60 sq. ft.
6 feet
151 - 300 feet
75 sq. ft.
6 feet
51 - 100 feet
under 50 feet
35 sq. ft.
6 feet
51 -100 feet
50 sq. ft.
6 feet
101 - 150 feet
65 sq. ft.
6 feet
151 -300 feet
80 sq. ft.
6 feet
-101— 200 feet
under 50 feet
40 sq. ft.
6 feet
51 - 100 feet
55 sq. ft.
6 feet
101 - 150 feet
70 sq. ft.
7 feet
151 - 300 feet
85 sq. ft.
8 feet
201 - 300 feet
under 50 feet
45 sq. ft.
7 feet
50 - 100 feet
60 sq. ft.
7 feet
101 - 150 feet
75 sq. ft.
7 feet
151 - 300 feet
90 sq. ft.
8 feet
300 + feet
105 sq. ft.
8 feet
* . Street Right -of -Way, as designated in the Thoroughfare Plan.
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Ordinance Z-623-17
17
Diagram 1: Sign Face Separation.
Diagram 2: Street Banner Sign Structure.
8'
3' BANNER
MESSAGE HERE
4 Removable post structure —►
6'
Permanent underground —100
post supports
DIAGRAM 1: 60° maximum sepaazation. DIAGRAM 2: For reoccurring events, a semi-permanent structure may
be created and installed to display a banner message at the event site.
Underground support post holes may be installed. A removable post
structure may be installed with a banner when a Street Banner
application has been approved. The sign and structure must be removed
no more than 24 hours after the event concludes.
Section II: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby
repealed.
Section III: This Ordinance :shall be in full force and effect from and after its passage and signing by the
Mayor.
03/20/2017
Ordinance Z-623-17
18
.14 V7
ADOPTED by the Common Council of the City of Carmel, Indiana this -1 day of
2017, by a vote of !::�j ayes and nays.
COMMON COUNCIL FOR THE CITY OF
Presiding Officer
Laura D. Campbell
Ronald
Sue
ATTEST:
-- jz2n� . - L'u-
Christine S. P uley, Clerk -Tr urer
/- / G3 a"-�
H. Bruce Kimball
Presented by me to the Mayor of the City of Carmel, Indiana this 15—day of
2017, at M.
e'--- J �
11
dristine S. Paul , Clerk -Treasurer
Approved by me, Mayor of the City, of Carmel, Indiana, this J,. _ day of
2017, at.M.
G
Brainard, Mayor
A
zj paw'6�
' 'Stine S. P ley, Clerk -Tr a rer
Prepared by:
Rachel Keesling, Planning Administrator, One Civic Square, Carmel, IN 46032
03/20/2017
Ordinance Z-623-17
19
c�4 f
DIAKA ityof -Ca
MEMORANDUM
TO: Carmel City Council
FROM: Rachel Keesling
Department of Community Services
SUBJECT: Z-623-17
DATE: March 10, 2017
Please find information on the following item forwarded, by the Plan Commission. This item will
appear on your March 20, 2017 agenda.
Forwarded with a Favorable recommendation:
Ordinance Z-623-17 (Docket No. 16100005 OA):'Sign Ordinance Amendment.
The applicant seeks approval to amend Ch. 25.07: Sign Ordinance of the ,Carmel Zoning
Ordinance in order to revise the regulations to come into compliance with the recent Supreme
Court decision for the Reed vs. Town Gilbert, AZ case. In addition, the applicant would like to
make some general updates.since the last revision in 2012. Finally, the applicant also seeks to.
update Ch. 3: Definitions and Ch. 25: Additional Use Regulations, as they relate to the Sign
Ordinance. Filed_ by the Department of Community Services on behalf of the Carmel Plan
Commission.
Overview:
The proposed amendments are summarized in the list below. Additional details and history of the Plan
Commission process can be found on pages 2-5 of this Memo, where :I have included the final
Department Report for this item at the Plan Commission level.
1. Removal of all content based sign classification categories
2. Removal of all sign related definitions that are content based
3. Addition of new definitions
4. Addition of an allowable size for Projecting signs (previously omitted)
5. Addition of a maximum size for Wall signs
6. Requiring a masonry base for ground signs
7. Allowing electronically scrolling (not LED lights):numbers for Automobile Filling Station Use
(previously omitted)
8. Allowing Multi -Tenant Buildings to transfer signage from one Street Frontage to another, as is
allowed for Single Tenant Buildings
9. Adding a requirement for a Sign Package for Multi -Tenant Buildings, which is currently a part:
of the ADLS Amendment review and. approval process
10. Increasing the allowable square footage for Drive Thru Food Service Use signs
11. Differentiating between Residential and Business/Industrial/Manufacturing zoned properties .
for signs on Construction Sites
12. Other affected Z6ning Ordinance chapters
2017-0320; Z-623-17; Council Memo
CARMEL PLAN CONIlVIISSION
DEPARTMENT REPORT
FEBRUARY 21, 2017
1. Docket No. 16100005 OA: Sign Ordinance Amendment.
The applicant seeks approval to amend Ch. 25.07: Sign Ordinance of the Zoning Ordinance in
order to revise the regulations to come into compliance with the recent Supreme Court decision
for the Reed vs. Town Gilbert, AZ case. In addition, the applicant would like to make some
general updates since the last revision in 2012. Finally, the applicant also seeks to update Ch. 3:
Definitions, Ch. 19: B-8 Business, Ch. 23C: US 421 Michigan Rd., and Ch: 25: Additional Use
Regulations, as they relate to the Sign Ordinance. Filed by the Department of Community
Services on behalf of the Carmel Plan Commission.
Project Overview:
The City of Carmel needs to update our Sign Ordinance to come into compliance with the recent Supreme Court
Decision: Reed vs. Town of Gilbert, AZ. While the City of Carmel did not regulate content/copy of signs, the
decision in this case essentially makes categorizing signs by what purpose they serve a content based regulation.
The basic rule is that if you have to read the sign in order to know what kind of sign to classify it as, that is a
content based regulation. Unfortunately, the City of Carmel's Sign Ordinance was heavily categorized, primarily
in the Temporary Sign section. So our task was to find a way to still describe what kind of signs we will allow,
but to describe it by use, rather than what the sign says. In addition to becoming content -neutral, the Department
has proposed some changes that were left out of previous updates, that create more equal sign allotments, and
that will enhance the look of signs. These changes are summarized below.
OneZone Sign Committee Involvement:
The Department of Community Services has reached out to the OneZone group that we worked with on the
previous Sign Ordinance Amendment in 2012. They were happy to get back together in order to go over this
next revision. We have now met multiple times to go over the proposed changes, and are on the same page for
most, if not all of the revisions. The OneZone group will be attending the Plan Commission and Committee
meetings, working together with the Department and the Plan Commission on this ordinance update.
Ordinance Amendments:
1. Removal of all content based sign classification categories
2. Removal of all sign related definitions that are content based
As mentioned above, classification based on content is no longer allowed. This meant the elimination of many
items in our Exempted Sign section, removing the term "Identification Sign," and many sections in our
Temporary Signs part of the Ordinance. We have tried to make new descriptions of categories based on use,
rather than on what the sign says.
3. Addition of new definitions
New definitions are proposed in order to accomplish the use -based revisions to the text of the ordinance.
4. Addition of an allowable size for Projecting signs (previously omitted)
Prior to the Sign Ordinance update in 2012, Old Town Carmel was allowed to have Projecting signs that were
up to 20 square feet in size. When we went through the update in 2012, the size for Projecting signs was
erroneously omitted. We need to add this back into the text of the ordinance.
5. Addition of a maximum size for Wall signs
When we created the percentage based sizing for wall signs, there were a few goals. First, to have a sign that is
appropriately scaled to the space it will be installed on. The second was to encourage additional architectural
Page 2 of 5
detailing in building design, so that there was a clear location for tenant signage, and a place to base sizing off
of. At first, some developers still treated sign placement design as an afterthought for new buildings. Then, there
was a shift and developers saw it as a benefit to design a building with a specific place in mind for signs.
However, there were instances where they did not want to provide architectural details in order to limit the size
of the sign. So, after evaluating the building design and sign permit requests over the past four years, the
Department has determined that a maximum wall sign size needs to be established, in addition to allowing
percentage based wall signs within architectural detailing.
6. Requiring a masonry base for ground signs
In our Zoning Overlays, Accessory Structures are required to match the building in design and materials (i.e.
accessory buildings, drive under canopies, trash enclosures, etc.). When reviewing new buildings, as part of the
ADLS review, we ask that any ground monument style signs (large, illuminated cabinets) meet these same
requirements, and that its design should match the building in design and materials too. In the 2012 update, we
were able to add this masonry base requirement to drive thru menu signs. The Department would like to make
this a standard requirement for all ground signs. There have been some concerns raised by the OneZone group
regarding unnecessary added cost or the instance that masonry is not part of an existing building. The
Department has proposed that any of the materials called out in the Sign Masonry definition be allowed to be
used when masonry is not a primary building material. This was acceptable to the OneZone group.
7. Allowing electronically scrolling (not LED lights) numbers for Automobile Filling Station Use
(previously omitted)
During the Sign Ordinance update in 2012, we discussed at length about electronic signs and the benefits gas
stations could have if we were to allow these types of signs where prices are changed remotely. Plan
Commission and Staff were on board, however, did not want the type of signs where the numbers were made of
the LED lights. We agreed that static numbers, that light could shine through, and still move electronically,
would be ok. This was erroneously omitted in the last update. We now have a definition for an Electronic
Scrolling Numeral sign and have added this allotment to Single and Multi -Tenant building permanent sign
sections.
8. Allowing Multi -Tenant Buildings to transfer signage from one Street Frontage to another, as is
allowed for Single Tenant Buildings
This addition was not contemplated in the last Sign Ordinance update; however, it has come up over the last four
years. We would essentially allow a Multi -Tenant building to have a ground sign face the same street frontage
as wall signs, if there are multiple street frontages.
9. Adding a requirement for a Sign Package for Multi -Tenant Buildings, which is currently a part of
the ADLS Amendment review and approval process
As part of the Architectural Design, Lighting, Landscaping, and Signage (ADLS) review for new (or existing)
buildings, the Department asks Petitioners to provide details regarding signage. These details relate to sign
placement on the building, lighting style, installation method, and size of sign, if more restrictive than what the
Sign Ordinance allows. Knowing these details allows us to easily tell new tenants what they can and cannot do,
in order to keep the original vision for the building intact.
10. Increasing the allowable square footage for Drive Thru Food Service Use signs
In order to make the "Menu" signs not content based, we changed the name to Drive Thru Food Service Use
Signs. Previously, one main menu sign was allowed at 30 square feet, and a secondary sign, or "preview board"
was allowed at 16 square feet. When combining the two square footages for the revisions, we simply rounded up
from 46 square feet to 50 square feet.
Page 3 of 5
11. Differentiating between Residential and Business/Industrial/Manufacturing zoned properties for
signs on Construction Sites
The ability to not categorize signs causes a need to differentiate between residential construction and
commercial construction. The issue arises in already established neighborhoods, where home remodeling or new
construction may be taking place. A smaller sign to identify contractors, designers, etc. is appropriate for an
existing house, whereas, a large 32 sq. ft. sign could be distracting and overpowering in front of an existing
home.
12. Other affected Zoning Ordinance chapters
There are five sections within Chapter 25: Additional Use Regulations that refer to specific sections of the Sign
Ordinance. These sections are changing with our update, and therefore require a change to the language in
Chapter 25. The Department proposes it simply refer to the Sign Ordinance, rather than a specific section.
November 15 Public Hearing meeting recap:
Mr. Oberlander, Senior Assistant City Attorney gave a brief overview of the Reed vs. Gilbert, AZ Supreme
Court decision. This ruling makes it illegal to classify signs by content in order to regulate them. Rachel
Keesling with DOCS then gave an overview of the proposed changes. Plan Commission members had questions
and concerns regarding real estate signs — they want to make sure that a "for sale by owner" is still ok, while
trying to reign in the commercial "for lease" signage. They also wanted a clarification that a real estate sign
should be removed based on a closing date, not a contract. There were questions regarding athletic field
scoreboards and also vehicle signs. This was sent to the Special Studies Committee on December 6"' for further
review.
December 6 Committee meeting recap:
Rachel Keesling with DOCS led the discussion, going line by line through the red -line version of the changes to
the Sign Ordinance. The General Provisions and most of the Permanent Sign sections were discussed. There are
still a few items to go over in the Permanent Sign section, but those can be explored in further detail at future
meetings. Questions were asked as topics came up. Some key items for additional research/discussion were the
following:
1. Flag Pole height restrictions — concern over proposed language because many businesses currently
would not meet the new proposed height restrictions
2. Use the term Accessory Structure rather than Accessory Building — this would require adding a new
definition, but would be clearer in referring to items such as ATM, Valet stands, etc.
3. Sign Masonry as a requirement for the base of a ground sign — the Dept. would like to clearly state what
the design and construction expectation is for large, monument style signs, and that durable, weather
resistant materials are required. An idea was given to just state that masonry to match the building is
required. This is a good option and the Dept. will look into it further before finalizing the language.
January 3 Committee meeting recap:
At this meeting, the Temporary Signs section of the Sign Ordinance was discussed. This section was changed
significantly to take away the content based regulations. Some key items for additional research were the
following:
1. Individual homeowners ability to put up a sign stating their home is for sale without listing it a) with an
agent, b) online, or c) in the newspaper
2. Temporary for sale or lease signs for businesses seem to become permanent signs. How can we have
fewer of these signs? Or how can they be managed better?
Page 4 of 5
February 7 Committee meeting recap:
The Committee discussed the remaining items which were regarding scrolling numerals for gas station use, the
sign plan requirement for ADLS submittals, and the definitions section. Staff also provided an update regarding
the masonry requirement for ground sign bases. The Committee was in support of the changes made, as was the
OneZone group. The item was sent back to the Plan Commission with a 5-0 favorable vote.
Update Since February 7`h meeting:
DOCS Staff looked into one additional item after the February 7th Committee meeting. This was in regards to
how other cities address sign maintenance. We have decided to update one item in our Sign Maintenance section
to read as follows: "Every sign, including but not limited to those signs for which permits are required, shall
have all parts and surfaces cleaned, painted or replaced as necessary to maintain the original appearance." This
statement provides a clearer directive to keep the sign in the condition as it was first installed.
DOCS General Comments:
Overall, DOCS Staff believes that the proposed changes accomplish the goals of making our Sign Ordinance
content regulation free, as is required per the Reed Supreme Court case decision, and add in some necessary
updates since our last revision in 2012. DOCS Staff has worked collaboratively with the OneZone group and
believes to have addressed most, if not all of their concerns. Separate from this Ordinance revision, Staff will
also update the Sign Ordinance Visual Guide to reflect these changes in the Sign Ordinance. The Visual Guide
is a helpful tool for people who prefer or need visual explanations when trying to understand the terminology of
the Sign Ordinance.
Recommendation:
The Department of Community Services recommends the Plan Commission votes to forward this item to
the City Council with a Favorable Recommendation.
Page 5 of 5