Chapter 17.26
SIGNS

Sections:

17.26.005    Purpose.

17.26.010    Placement.

17.26.020    Exemptions.

17.26.030    Maintenance and removal.

17.26.040    Temporary sign permits.

17.26.050    Prohibited signs.

17.26.060    Provisions for theaters.

17.26.070    Permitted uses by district.

17.26.005 Purpose.

This subchapter is intended to provide reasonable standards for signs utilized for identification of an owner’s business or industry while discouraging their proliferation, disrepair or garishness.

17.26.010 Placement.

A.    A sign means an identification, description, display, or illustration which is affixed to, painted, or represented directly or indirectly on a building or land and which business, or service associated or offered as the primary use, business, or activity on the premises.

B.    A sign may not be erected or placed in any district with the exception of those signs listed in § 17.26.20 until a zoning use permit has been issued by the area plan commission.

1.    Items needed for a zoning use permit.

a.    Plot plan showing the exact location of the sign.

b.    Frontal elevation showing size of sign and height above street elevation.

2.    Each sign requiring a permit shall display the permit number.

3.    Signs erected prior to this subchapter shall have six months from the effective date of this code to comply with this section.

17.26.020 Exemptions.

A.    The following signs are exempt from the requirements of this chapter.

1.    Signs not exceeding two square feet in area which identify the names and addresses of occupants but do not denote commercial activity.

2.    Flags and insignias of a governmental unit, church, or organization except in connection with a commercial promotion.

3.    Legal notices, identification, informational, warning, trespassing, or directional or architectural features of buildings.

4.    Memorial plaques and historical markers.

5.    Integral decorative or architectural features of buildings.

6.    One real estate sign for each frontage, not exceeding six square feet, indicating the sale, rental, or lease of the premises. These signs shall be removed within two weeks after the sale, rental, or lease.

7.    Traffic or directional signs placed by a municipality of state.

B.    An exempt sign may be illuminated but may not be flashing or animated.

17.26.030 Maintenance and removal.

A.    When the product, person, business or service that is advertised on a sign is abandoned or altered, the sign must be removed within 60 days or altered to depict an existing product, business, or service on the premises. The owner and tenant of the land is equally responsible for removal or alteration of the sign.

B.    A sign is considered not to be functional when its essential elements are no longer readable, when it is materially obstructed from view, or when a condition of dilapidation exists.

C.    The building commissioner has the right of entry to inspect signs to determine whether they are functional. If the commissioner determines that a sign is not functional, he shall send written notice to the owner of the sign to remove, alter, or repair the sign. If the owner does not comply within 60 days, the commissioner shall order removal of the sign at the owner’s expense.

17.26.040 Temporary sign permits.

A.    The following signs are permitted only with the issuance of a temporary sign permit:

1.    Signs and business advertising a special event, exclusive of those used by theaters, as regulated by 17.26.60. Issuance of the permit shall be for a maximum of ten days.

2.    One sign for each street frontage of premises of buildings which are being constructed, demolished, or remodeled to announce the character of the building enterprise. This sign may not exceed 64 square feet in area. Issuance of the permit shall be for period of construction, demolition or remodeling.

3.    One sign not to exceed ten square feet in area for each street entrance to a subdivision to advertise the sale, rental, or lease of real property. The sign may not be erected until the subdivision has been recorded and approved. Issuance of the permit shall be for 12 months.

4.    One sign not to exceed six square feet in area for each model home, temporary office, or model apartment in subdivision. The sign must be solely for direction or for promotion of the use. Issuance of a permit shall be for six months with renewal by the area plan commission for a three month period.

5.    Portable, folding or moving signs. Issuance of the permit shall be for a maximum of 30 days. A portable sign may not be placed closer than ten feet to a street or highway right-of-way or where it blocks traffic vision.

B.    All temporary signs must conform to the requirements of this chapter and are subject to the inspection, removal and penalties provided by this chapter.

17.26.050 Prohibited signs.

A.    Signs Always Prohibited. The following signs are prohibited under any circumstances:

1.    A sign erected at a location where it may interfere with, obstruct the view of or be confused with a traffic or railroad sign or signal, or oncoming traffic, or where it would present a traffic hazard as determined by the Evansville Metropolitan Planning Organization.

2.    A sign with liking or display lights resembling danger or emergency lights.

3.    A sign using words such as “stop,” “danger,” “look,” or any other word which would confuse traffic.

4.    A sign composed of or using rotating or revolving beams of light.

5.    A sign containing flashing, moving or intermittent lights except if such lights are white and of low intensity.

6.    A sign utilizing or composed of strobe lights.

B.    Signs in the Public Right of Way.

1.    Applicability. This subsection pertains to signs in the public right of way, and is not intended to diminish, replace or modify regulations on private or public property found in this Title 17, and in Title 15.

2.    Definitions. The following definitions shall apply to this subsection unless another meaning is clearly intended:

a.    “Public right of way” shall mean any street or alley public right of way dedicated for public use and used as a street, public sidewalk, or alley under the jurisdiction of the Board of Commissioners of Vanderburgh County. It shall include the entire width between the boundary lines of said street or alley.

b.    “Owner” shall mean the fee owner or any person having a present possessory interest in the real estate.

c.    “Curb line” shall mean the outer edge of a curb which is the furthest distance from the center line of a street.

d.    “Garage sale or yard sale” shall mean the selling of used items of personal property for a length of time not to exceed three consecutive days and not more than two times in any calendar year.

e.    “First Amendment sign” means any sign promoting any cause, party, candidate, idea or concept; except, it does not include advertising signs advertising any business or sale of a product or service by a business.

3.    Purpose and Policy. It is the purpose of this subsection to outline and provide a policy and procedure for the regulation of signs attached directly or indirectly (e.g. attached to a post, tree or other apparatus) to the public right of way of the County or located in the public right of way. This subsection does not apply to signs on vehicles within the public right of way or signs that are carried in some manner by an individual. The proliferation of signs within the public right of way creates a blight upon the community and may distract a driver from the traffic control signage that provides protection to drivers and pedestrians. Signage may also provide obstructions to sight distance of vehicular traffic or pedestrians. It is the further intent of this section to allow property owners to remove signage that is not authorized by the County for informational or traffic control purposes, for aesthetic or other reasons. The provision of this subsection shall not abrogate any applicable state or federal laws or local ordinances that are more restrictive, and in such event, the strictest provisions shall apply. This subsection shall not apply to the public right of way of the State of Indiana, which solely controls that property, unless the State and the County enter into an agreement for the removal of signs from State public right of way.

4.    Prohibitions and Violations.

a.    No person shall place or maintain a sign in, on or over the area of the street between the curb lines or in any alley public right of way in the County.

b.    No person shall place a sign in, on or over the grassy area of any boulevard.

c.    No person shall place or maintain a sign in, on, or over the grassy area between the curb and the public sidewalk.

d.    No person shall place any sign in, on or over any public sidewalk.

e.    No person shall damage the pavement, curb, or sidewalk in the installation of any sign or place any writing or markings upon any pavement, sidewalk, curb or County installed sign. The property owner may have the numerical address of the property placed on the curb.

f.    No person shall place or maintain a sign in, on or over the traveled (i.e. paved) portion of a street except as provided in this Code of Ordinances.

g.    No person shall place or attach any sign to a street light pole, utility pole, tree within the public right of way, County installed sign, or other apparatus authorized to be in a County public right of way.

h.    No person shall place a sign advertising any business or sale of a product or service by a business in the public right of way.

5.    Exceptions.

a.    This subsection shall not prevent warning or informational signage or markings placed by utilities or other owners of authorized installations within the public right of way.

b.    This subsection shall not apply to any employee, agent, or contractor of the County undertaking work authorized by any department, board or agency of the County. Also, it shall not prevent any utility, any contractor authorized to do work in the public right of way or any emergency service from warning the public of any construction or traffic hazard in the public right of way.

c.    This subsection shall not apply to signs on vehicles or signs carried in any manner by any individual.

d.    So long as a property owner is in compliance with this Chapter 17.26, a property owner may place a temporary sign approximately six square feet in size in his yard, or if he has no yard, and the house or principal building abuts the public sidewalk, then in the grassy area between the sidewalk and the curb or street pavement, notifying the public of a garage sale or yard sale taking place on that parcel of property so long as placement of the sign does not constitute a sight distance problem for vehicular traffic. The sign may be installed the day before the yard sale and shall be removed at the conclusion of the yard sale. No off premises yard sale or garage sale signs shall be allowed in the public right of way.

e.    If a house, principal building or vacant lot abuts a public sidewalk, a person may place a temporary “For Sale”, “For Rent” or “For Lease” sign approximately six square feet in area, in the grassy area, if any, between the curb and the sidewalk in front of the property during the time period said property, or a portion thereof, is for sale or lease, so long as the placement of the sign does not present a sight distance problem for vehicular traffic.

f.    If the public right of way extends into the yard of the property owner beyond the sidewalk, the property owner may place a temporary “For Sale”, “For Rent” or “For Lease” sign in the public right of way outside (on the house or principal building side) of the sidewalk in the yard. If there is no public sidewalk, then such sign may be placed on the house or principal building side of a curb or street pavement.

g.    First Amendment signs may be placed in the public right of way so long as they do not lie between the outside (house or principal building side) of the public sidewalk and the paved portion of the street or in any boulevard or area mowed by the County or its contractor, and the person placing the sign has the consent of the property owner in front of whose property the sign is to be placed. Said First Amendment signs may not be placed on or over any paved portion of street or sidewalk or on any tree, street light pole, utility pole, sign or apparatus placed or authorized by the County to be in the public right of way. If there is no public sidewalk, then such sign may be placed on the house or principal building side of a curb or street pavement. No First amendment sign shall be placed in any location that presents a sight distance problem for vehicular traffic.

6.    Removal of Signs. Signs found in violation of this subsection may be removed by employees of the County Highway Department, Building Commissioner’s office, Area Plan Commission office, and Vanderburgh County Sheriff; may be removed by utility company employees who have utilities in the public right of way and may be removed by the owner of the abutting property. Additionally, the Board of Commissioners of Vanderburgh County may designate in writing such other persons to enforce the provisions of this subsection as it deems appropriate, including, but not limited to, members of non-profit organizations dedicated to the beautification of Evansville and Vanderburgh County.

The Vanderburgh County Highway Department shall designate a drop-off location for the deposit of removed signs. For any signs received by the Vanderburgh County Highway Department, the office shall attempt to contact the owner or person whose name appears on the sign by telephone, if a telephone number is on the sign or can be determined from information on the sign; or by letter if there is no telephone number but there is an address on the sign, to inform the owner that the sign has been removed, that the sign will be disposed of in three (3) business days if not picked up by the owner or his agent, and the times and location the sign may be reclaimed by the owner. If the owner’s address or telephone number cannot be determined from the information contained on the sign or if the sign is not picked up within three (3) business days of notification to the owner, the sign will be presumed to be abandoned and worthless property and disposed of by the County. Any other persons removing a sign may drop it off at the designated location or contact the owner as provided above. If not reclaimed by the owner or the agent of the owner within three (3) business days, the person removing the sign may dispose of it. As an alternative to picking up the signs, the County, abutting property owner, or other person authorized above to remove signs in violation of this Section, may contact the owner and notify the owner, in the same manner as provided above, of the block and street wherein a sign is located in violation of this Section and state that if said sign is not removed within three (3) business days, the sign will be disposed of as abandoned and worthless property.

7.    Penalty. Any person who places, maintains or displays a sign in violation of this Section or any person who places a mark or wording on a County installed sign or upon a sidewalk, curb or pavement in violation of this Section shall be subject to a fine of twenty-five dollars ($25.00) per violation. If any such County sign, sidewalk, curb or pavement must be repaired or replaced because of a violation of this Section, then cost of such repair or replacement shall be added to the fine imposed in this subsection. Each day such a sign is maintained in violation of this Section shall be a separate offense.

(17.26.050, Amended, 08/23/2005)

17.26.060 Provisions for theaters.

A.    Attraction boards located on the premises of a theater are not part of the 50% maximum all coverage area required in 17.24.70.

B.    Use of the words, “stop”, “danger”, and “look”, may be used only when they are part of attraction title, but may not be used in such a way that they simulate official traffic warnings.

17.26.070 Permitted uses by district.

A.    In any district, a sign conveying only instructions related to the premises on which it is maintained may be erected so long as the area of the sign does not exceed three square feet and the sign is located at least six feet from any curb, and they must not be creating a traffic hazard.

B.    In all districts, identification and instructional signs may not be erected or maintained unless they conform to the requirements shown on the following chart.

DISTRICT	A, CON, R-1, R-2	R-3 to C0-2	C-1, C-2				C-4, M-1, M-2, M-3, W-R, W-I
MAXIMUM AREA	2 sq. ft.	100 sq. ft.	36 sq. ft.	70 sq. ft.	120 sq. ft.	200 sq. ft.	50 sq. ft.	100 sq. ft.	200 sq. ft.	300 sq. ft.
DISTANCE FROM SIDE LOT LINE	2 ft.	20 ft.	10 ft.	20 ft.	20 ft.	20 ft.	10 ft.	20 ft.	30 ft.	40 ft.
DISTANCE FROM RIGHT-OF-WAY LINE	2 ft.	10 ft.	6 ft.	10 ft.	15 ft.	20 ft.	6 ft.	10 ft.	20 ft.	40 ft.
NUMBER OF SIGNS PER STREET FRONTAGE	1	1	2				2
ILLUMINATION	yes, indirect all signs but not flashing	yes, indirect all signs but not flashing	yes, all signs				yes, all signs
SPECIAL RESTRICTIONS	None	Bed & breakfast & boarding house limited to maximum 6 sq ft. sign; if lighted must be externally illuminated	Flat signs maximum coverage of wall area 40% Canopy signs - maximum extension above canopy 6’				None