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HomeMy WebLinkAboutAmending Chapter 21 Adding Provisions to Signs and Outdoor AdvertisingORDINANCE No. 5647 -74 Passed by the Common Council of the City of South Bend, MARCH 11, IRENE K. GAMMON 74 Presented by me to the Mayor of the City of South Bend, MARCH 12 Approved and signed by 9 19_Z4 Clerk of Common Council IRENE K. GAMMON Clerk ORDINANCE NO. SG y'7 -,2 T AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 21 OF THE CITY CODE OF SOUTH BEND, INDIANA, 1971, ALSO KNOWN AS ORDINANCE NO. 4990 -68, AS AMENDED, AND GENERALLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED, BY ADDING PROVISIONS RELATIVE TO SIGNS AND OUTDOOR ADVERTISING BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: Section I. That the following references to signs and outdoor advertising be deleted from the City Code of South Bend, Indiana, 1971, also known as Ordinance No. 4990 -68, as amended: Section 21 -8. (a) (8), also known as Section 3. (8); Section 21 -14. (a) (5) (•B) and (6) (A) - (E) inclusive, also known as Section 4.A.B.5.b. and 6.a. - e. inclusive; Section 21 -18. (a) (54), also known as Section 5. (54); Section 21 --19. (13) (B), also known as Section 4 -A. (13) b.; and Section 21 -35. (a) (23), also known as Section 6. (24). Section II. That Section 21 -1 of the City Code of South Bend, Indiana, 1971, also be known as Section 1 of Ordinance No. 4990 -68, as amended, be amended by adding thereto the following definitions: Associated sphere of influence: the area extending from one -half block beyond the boundaries of the Central Downtown Urban Renewal Project Area and bounded by Marion Street on the North, Williams Street on the West, South Street on the South, and Niles Avenue on the East. Building facade: that portion of any exterior elevation of a building extended from grade to the top of the parapet wall or eaves and the entire width of the building elevation, and which may also be referred to as the "building face:" Copy area: the sum of the area of the words or numbers included in the sign copy, exclusive of pictorals, trademarks, or other advertising symbols. Development Review Committee: an advisory committee for the Central Downtown Urban Renewal Area. Display area: the total area upon which sign copy may be placed. In computing the total display area of a sign, mathematical formulas for geometric shapes formed by straight lines drawn closest to the extremities of the sign, excluding any structural members or embellishments, shall be used. Embellishment: an addition to the display area on which a continuation of an advertising message may be placed. Such addition shall not be a continuous border which would constitute an increase in the display area. Standard bases and standard trim shall not be considered embellishments. Sign: a structure, including the frame and supports of such containing any printed text, pictoral representation, emblem, or other object, and which is used to identify, instruct, attract, guide,-or advertise. a. Major categories: for the purpose of this Ordinance, uses of signs shall be identified as follows: (1) Development sign: a temporary construction sign denoting the architect, engineer, contractor, subcontractor, financier, or sponsor of a development and designating the future occupant or use of the development. (2) Directional sign: a sign of eight (8) square feet or less and containing information relative to the location, distance to, entrance, and exit from structures, sites, or land use activities. (3) Institutional bulletin: a sign of any governmental agency, religious group, hospital, or school, located on the premises and bearing only the information related to the activities conducted on the premises, persons involved, or other such information. (4) On- premise identification sign: a sign which identifies or advertises the profession, land use activity, individual, product, or service occupying or available on the premises. (5) Outdoor advertising sign: an off- premise sign which directs attention to businesses, products, services, or establishments not usually conducted on the premises on which the sign is located and which, for the purposes of this Ordinance, shall be considered a principal use. (6) Public information sign; a sign containing emergency or legal notices and regulatory information. (7) Real estate sign': a sign advertising the fact that the premises on which it is located is for sale, lease, or rent. (8) Temporary sign: a display, informational sign, banner, or other advertising device with or without a structural frame, not per - manbntly attached to a building, structure, or the ground, and intended for a limited period of display, including decorative displays, for holidays or public demonstrations. b. Structural types: for the purposes of this Ordinance, signs shall be classified according to their structural type: (1) Facia sign: a single -face sign which is in any manner attached or affixed to an exterior wall of a building or structure or mounted above or below a canopy and which projects not more than 18 inches from and does not extend more than six inches above the parapet line, eaves, or building facade. Individual letters, in addition to the "box- type" sign, may also be installed as a facia sign. - 2 - (2) Flashing sign: an illuminated sign on which the artificial light is not maintained stationary or constant in intensity or color. (3) Freestanding sign: a sign supported by one or more uprights, poles, columns, or braces placed in or upon the ground surface and not attached to any building or structure. (4) Illuminated sign: a sign illuminated by gas, electricity, or other artificial light, including reflective or phos- phorescent light. (5) Marquee or canopy sign: a sign attached or applied below a marquee, canopy, awning, or other roo£like structure. (6) Multi -face sign: a sign, more than one side of which is visible. A "—V-type" sign shall be considered a multi -face sign, provided the least angle of intersection does not exceed 90 degrees. (7) Portable sign: a freestanding sign not permanently anchored or secured to either a building or the ground. (8) Projecting sign: a multi -face sign, end - mounted to an exterior wall of a building or structure and which projects out from the wall more than 18 inches. (9) Roof -mount sign: a sign erected wholly upon or over a roof of any building. (10) Single -face sign: a sign, only one side of which is visible. Section III. That Chapter 21 of the City Code of South Bend, Indiana, 1971, be amended by adding the following Article 10, also known as Section 17 -C of Ordinance No. 4990 -68, as amended: Sign Regulations Intent It is recognized that certain uses located in appropriately zoned districts need and have a right to advertise through the use of sign displays. It is the intent of this section to encourage creative and imaginative design and use of signs in order to create a more attractive economic and business climate. It is further the intent of this section to foster and improve the economic vitality of the community by enhancing and protecting the physical appearance of the community. In order to accomplish this purpose, it is necessary to regulate the size, location, construction, and manner of display of signs as set forth in this section. Section 1. General Provisions 1. All signs shall be constructed, connected, operated, and maintained according to the specifications of the building and electrical codes of the City of South Bend. - 3 - 2. All signs shall be maintained in a good state of repair. Painted faces or structural members shall be repainted whenever peeling or fading occurs. Neon tubes, lamps, ballasts, and transformers shall be kept in a.good state of repair and in safe condition. The City may order the removal of any sign which becomes a public hazard due to lack of maintenance or repair. 3. The following provisions shall apply to freestanding on- premise signs: a. The sign, pole, or standard shall not extend beyond the property line or into the public right of way except where the setback of the building is 10 feet or less, and the freestanding sign functions in the same manner as a projecting sign. V 5. b. Freestanding signs shall be designed so that all framework for the lateral support of the sign shall be contained within the body of the sign or within the structure to which it is attached and shall not be visible. Exposed guy wires, chains, or other con- nections shall not be made a permanent part of the sign. C. Freestanding signs shall not project higher than the provisions of the height and area district in which the sign is located or 85 feet, whichever is less. The following provisions shall apply to marquee or canopy signs: One (1) sign shall be permitted for each entrance; The display area of such signs shall not exceed eight (8) square feet per sign face, except that individual letters or symbols painted, stenciled, or otherwise applied to awnings and not exceeding three (3) inches in height shall not be included in this provision; No sign shall extend beyond the outer edge of the marquee or roofed structure; and There shall be at least an eight (8) foot six (6) inch clearance between the grade of the sidewalk and the lowest point of the sign. Projecting signs shall be permitted as follows: a. Except as may be provided hereafter, one (1) projecting sign shall be permitted for each gound floor use. If the lineal ground floor use frontage exceeds 200 feet, an additional projecting sign shall be permitted, and for each additional 300 lineal feet, another projecting sign shall be permitted. b. where a use has such frontage on more than one (1) street, there may be one (1) projecting sign for each frontage, provided that only a sign computed for the frontage of a street shall face that street, or there may be one (1) - 4 - corner projecting sign, which shall be computed on the basis of one -half the frontage of the use on both streets. C. It is the intent of this section to encourage wherever it is feasible the use of lateral supports that are contained within the framework of the sign or lateral supports that run parallel to the sign frame. Where additional side bracing is required, guy wires, and not chains, shall be used. d. The height of a projecting sign shall not exceed 8 feet above the parapet wall of the building, and the lowest point of the projecting sign shall be not .less than 10 feet above the grade. e. The projection of projecting signs shall be limited by the most restrictive of the following: (1) No projecting sign shall project further than one -half the distance from the property line to the curb line; (2) No projecting sign shall project further than one -half the distance from the sign location to the nearest side lot line; or (3) The projection of projecting signs shall be limited as follows: MAXIMUM PROJECTION Central Other Downtown Urban Renewal Project Locations Lot Frontage I With Mall Facing Facing Streets Open to Vehicular Traffi under 20' 0 0 513" 20' to 34'11" 0 313" 513" 35' to 44'11" 4' 413" 613" 45' to 59'11" 5' 513" 713" 60' and over 6' 613" 8'3" 6. The following provisions shall apply to roof -mount signs: The supporting members of roof -mount signs shall appear to be free of any extra bracing, angle irons, guy wires, or cables; Supports shall appear to be an architectural and integral part of the building; Supporting columns of round, square, or shaped steel members may be erected if required bracing visible to the public is minimized or covered; Roof -mount signs shall not project higher than the provisions: of the height and area district in which the sign is located, or 85 feet, whichever is less; and - 5 The backs of roof -mount signs shall be concealed by another sign, shall be screened by suitable architectural treatment, or shall be painted to blend with the surroundings and kept so painted. 7. Signs shall be illuminated by direct or indirect lighting sources, provided that the beam from an indirect source shall be effectively concealed from view. 8. Window signs shall not exceed 40% of the window area and shall be used to identify and advertise the products and services available on the premises. 9. Temporary signs shall be permitted, provided that: 4: There shall not be more than two (2) such signs per frontage. b. A temporary sign shall not exceed one -half the display area of a permitted permanent sign. C. Temporary signs shall be for temporary use only, not to exceed 30 days in any calendar year. 10. Flashing signs shall be permitted, provided that: Signs that flash only for the purpose of gaining attention shall not have exposed incandescent bulbs of more than 25 watts. A traveling or flowing effect with 25 watt bulbs or less shall be permitted; This provision shall not apply to bulbs that are used to convey a changing message, such as time and temperature, news, adver- tising, or other such information; and Flashing signs shall be permitted only in the "C -2" Planned Shopping Center District and in the "C" Commercial, "D" Light Industrial, and "E" Heavy Industrial Districts. 11. Slow -speed (six revolutions per minute) revolving signs shall be permitted, provided that the mechanism required to operate the sign is effectively concealed from view, and further provided that a direct beam of light shall not be said to be revolving. Revolving signs shall be permitted only in the "C -2" Planned Shopping Center District and in the "C" Commercial, "D" Light Industrial, and "E" Heavy Industrial Districts. 12. The total area of any embellishments shall not exceed 15 per cent of the display area of the sign to which the embellishment is added. Section 2. Permitted Signs by District The following major categories of signs, as defined in Section II. of this Ordinance, shall be permitted in the appropriate zoning districts, as set forth in this paragraph. Permitted signs may be of any structural type, provided that the requirements of Section III., Section 1, of this Ordinance are complied with. 1. "A ", "A -1 ", and "B-l" Residence Districts a. Development signs, provided that: Such signs shall be temporary and shall be displayed on the construction site only for the duration of the construction; and The maximum display area of such signs shall be 100 square feet. b. Directional signs. C. Commemorative, historical, and memorial signs, markers, and plaques not exceeding six (6) square feet in display area and containing no advertising material thereon. d. Identification signs denoting the names of occupants and /or professions, not exceeding one (1) square foot in display area. e. Identification signs for real estate developments, provided that: There shall not be more than one (1) such sign, a maximum of 32 square feet in copy area, and containing no advertising materials, except the name and street address of the development, located at each of the principal entrances. f. Institutional bulletins, not exceeding 32 square feet in copy area. g. Public information signs. h. Real estate signs, provided that; Such signs shall not exceed four (4) square feet in display area; and Such signs shall be removed from the premises within 15 working days of the sale, lease, or rental of the premises. i. Seasonal decorations and displays, provided that such signs shall be temporary, j. Identification signs for special exceptions, as approved by the Area Board of Zoning Appeals. 2. "A,2" Planned Residential Development District a. All signs permitted in the "A" Residence District. b..' Identification signs for permitted commercial uses in a planned residential development not exceeding one -half square foot in display area per linear front foot of the commercial uses and not visible from any public street outside the development, 3. "B" Residence District a. All signs permitted in the "A" Residence District. b. Institutional bulletins or identification signs not exceeding 64 square feet of copy area. 4. "C -l" Commercial District a. All signs permitted in the "A" Residence District. b. Identification signs for permitted uses, provided that the copy area of such signs shall not exceed one -half square foot in area per linear foot of the use, C. one (1) freestanding sign to identify the shopping center, not exceeding 64 square feet. There may be one such sign per frontage. - 7 - 5. "C -2" Planned Shopping Center District a. All signs permitted in the "C -1" Commercial District, except item C. b. Identification signs, to identify the shopping center, provided that: One (1) freestanding sign shall be permitted for the first 200 feet of frontage and one (1) additional freestanding sign shall be permitted for every ad- ditional 300 feet of frontage contained in the project; and The combined display area shall not exceed three (3) of frontage. of all freestanding signs square feet for each foot C. Outdoor advertising signs, provided that such signs shall be approved as part of the site development plan. 6. "C" Commercial, "D" Light Industrial, and "E" Heavy Industrial Districts a. All signs permitted in the "A" Residence District. b. All double face on- premise signs, including projecting and non - projecting, freestanding, and building- mounted shall be limited in area as follows: The total display area of all double face on- premise signs shall not exceed three square feet for each linear foot of lot frontage; and When measuring area, the display area of one face of a double face sign shall be counted. C. A single face on- premise sign shall not be larger than the portion of the facade of the building which is ten feet above the grade. d. Outdoor advertising signs, provided they conform to the following specifications: (1) The maximum display area of outdoor advertising signs located on arterial streets, as established in the Area Transportation Plan, shall be 1,000 square feet, including embellishments. The maximum display area of outdoor advertising signs located on collector streets, as established in the Area Transportation Plan, shall be 300 square feet. The total area of any embellishments shall not exceed 15 per cent of the display area of the sign to which the embellishment is added, provided the maximum display area including embellishments shall not exceed 1,000 square feet. (2) The backs of outdoor advertising signs shall be concealed by another outdoor advertising display, shall be screened by suitable architectural treatment, or shall be painted to blend with the surroundings and kept so painted. �� (3) The maximum height of outdoor advertising signs shall be 35 feet, provided, however, that an additional fifteen (15) feet in height shall be permitted where a physical obstruction exists which would otherwise restrict the visibility of the sign. (4) The required side yards and setback for outdoor advertising signs shall be as established for the height and area dis- trict in which the sign is located. (5) The minimum distance between a new outdoor advertising sign and an existing outdoor advertising sign located on the same side of the street shall be determined by the angle of the new outdoor advertising sign with the street, as measured between the sign faces: Dis 0° 30° 45° -90° 500 feet 425 feet 300 feet This provision shall not be applicable where outdoor advertising signs are separated by a building or other obstruction in such a manner that only one sign at a time can be viewed by the traffic for which said sign was principally intended to be viewed. (6) The minimum distance between an outdoor advertising sign and the following structures and /or zoning districts shall be determined by the more restrictive of the following provisions: The minimum distance between an outdoor advertising sign and a principal residential use, church, school or designated historic landmark shall be determined by the angle of the outdoor advertising sign with such structure, as measured from the extremity of the sign face: 0° 30° 45° -90° 60 feet 50 feet 35 feet The minimum distance between an outdoor advertising sign and the nearest boundary of a residential district, his- toric preservation district, or a public park shall be 60 feet, as measured from the extremity of the sign face. (7) The total number of outdoor advertising signs within the associated sphere of influence shall at no time exceed the total number of outdoor advertising signs legally in existence in said area on the effective date of this Ordinance. 7. "HP" Historic Preservation District All signs permitted in the "A" Residence District. Section 3. Sign Not Permitted in Any District 1. Banners, pennants, and streamers shall not be permitted, except: Flags and banners of the United States, the State of Indiana, or any other; political entity, religious or fraternal organiza- tion; or Banners, pennants, and streamers permitted under a Temporary Sign Permit. 2. Permanent window signs located above the ground floor level in a building £o.rthe purpose of being viewed from outside the building. 3. Portable, folding,, and similar movable signs shall not be permitted, except under a Temporary Sign Permit, 4. Signs which are structurally unsafe, as determined by the Building Commissioner, 5. Signs obstructing free ingress or egress from a required exit, or which prevent light or ventilation as required in local codes and ordinances. 6. Signs which by reason of size, location, content, coloring, or illumination violate municipal and state highway standards. 7. Signs.bearing words, phrases, sumbols, colors, or characteristics which may mislead, interfere with, or confuse traffic. 8. Signs erected on or attached to any sidewalk, street, or highway right -of -way, curb, cutbstone, hydrant, lamppost, tree, barricade, temporary walkway, telephone, telegraph, or electric light pole, other utility pole, public fence, or on a fixture of the fire alarm or police system except public information signs. 9. Signs which involve revolving or rotating beams of light. - 1Q - Section 4. Administration 1. The Development Review Committee shall include the following members: Executive Director, Department of Redevelopment, Chairman; City Engineer; Executive Director, St. Joseph County Area Plan Commission; City Building Commissioner; and A businessman in the Central Downtown Urban Renewal Area, appointed by the South Bend Downtown Council. The Development Review Committee shall have the following powers and duties in all matters relative to the erection or alteration of signs within the Central Downtown Urban Renewal Area and within one -half block beyond the boundaries of such area: a. Review applications for Sign Permits and, within 15 working days of receipt of the application,.either: Return the application to the Building Commissioner with a letter of approval stating that the proposed sign is in conformance with this Ordinance, and authorizing the issuance of a Sign Permit; or Deny the application, stating in writing the reason for such denial. Failure of the Development Review Committee to take such action shall constitute approval of the application. b. Make recommendations relative to amendment, supplement, change, or repeal of this Section, according to the provisions of this Ordinance. c. Maintain a permanent record of all actions of the Committee. 2. After the effective date of this Ordinance, no sign, permanent or temporary, shall be erected or altered except in accordance with the provisions of this Ordinance. a. The following signs shall not require permits: Ordinary maintenance and repair to existing signs, provided that such work does not affect the structure to a degree greater than 50 per cent of the current replacement cost, exclusive of the structural support of the sign; Change of copy on signs listing current or future programs and events taking place on the premises; Seasonal decorations and displays, provided they conform to the provisions of this Ordinance; - 11 - Real estate signs, provided they conform to the provisions of this Ordinance; Street signs erected by a subdivider or by the municipality for the purpose of street identification; Public information signs; Directional signs; and Rotation, repainting, and posting of copy. b. Application Application for Sign Permit shall be made through the Building Commissioner and shall include the following information: Location of the building, structure, or land to or on which the sign is to be erected; The dimensions of the sign and, where applicable, the dimensions of the wall surface of the building to which it is to be attached. The dimensions of the sign's structural members; The proposed location of the sign in relation to the face of the building or to the lot lines of the property on which it is to be located, whichever is applicable; Proof of licensing of the sign contractor to conduct business in the City; Proof of liability insurance in the amounts of $100,000 per person, $300,000 per occurance, and $50,000 per property damage to save and keep the City harmless from any claims, damages, liabilities, losses, actions, suits, or judgments which may be brought, presented, sustained or obtained against the City or its officials because of negligence of the sign hanger, contractor, or his agents, or by reason of defects in the construction, or damages resulting from the collapse or failure of any sign; Several statements by the owner of the sign shall be made as a condition of issuing a permit. First, a statement that he will guarantee removal of the sign when the use which it identifies, instructs, attracts, guides, or advertises is terminated at that particular location. The owner shall also agree to maintain the sign by repainting peeled surfaces and replacing inoperative components. Should he fail to maintain the sign as outlined above within a reasonable time, the City shall remove the sign after first having given the owner of the sign 30 days' written notice of its intent to do so; and Other such applicable information as the Building Commissioner or the Development Review Committee may require under the provisions of this Ordinance.. - 12 - C. Procedure In accordance with the provisions of Section III, Section 4.2, of this Ordinance, the Building Commissioner shall forward upon receipt one (1) copy of the application for a Sign Permit along with all supporting data to the Development Review Committee for review and approval. The Building Commissioner shall issue a Sign Permit or deny the application upon receipt of the decision of the Development Review Committee; and Except as otherwise provided, the Building Commissioner shall review an-application for a Sign Permit and issue such permit in accordance with the provisions of this Ordinance or deny the application within five (5) working days of its receipt. Failure of the Building Commissioner to take such action shall constitute approval of the Sign Permit; A Sign Permit shall be valid for a period not exceeding three (3) months, provided, however, that when a Sign Permit is issued in connection with a Building Permit for the site on which the sign is to be located, the Sign Permit shall run concurrent with the Building Permit. The holder of a >Sign Permit may apply through the Building Commissioner for a three month extension on the permit within five (5) working days of the expiration date. A Sign Permit shall be renewed only once, after which time the permit shall be null and void; and Temporary signs shall be issued a Temporary Sign Permit for a period not to exceed 90 days. The holder of a Temporary Sign Permit may apply through the Building Commissioner for a 30 -day extension on the permit within five (5) working days of the expiration date. A Temporary Sign Permit shall be renewed only once, after which time the permit shall be null and void. 3.. Inspection a. The Building Commissioner shall have the right of entry. in order to inspect all signs for compli_ance.with the provisions of local codes and ordinances. b. When any sign becomes insecure, in danger of falling, or otherwise unsafe, the Building Commissioner shall .send written notice to the owner of the sign to remove, change, or alter the sign, if said sign is•not so removed, changed, or altered within ten (10). working days, the Building Commissioner shall cause the sign to be removed at the expense of the owner of the sign. - 13 - This Ordinance shall be in full force and effect from and after its enactment, approval by the Mayor, and legal publication. T--member of t Co o Council of the City of S th Bend, Indiana. Passed by the Common Council on the 11th day of March 197A/ . Approved and signed by the Mayor on the day of 1971V. Passed March 11, 1974, as amended. 1st READING / - a g- 7 t/ PUBLIC HEARING ,?- 11--7 ,p- 2nd READING 3 _ / - '7 5/ NOT APPROVED REFERRED PASSED 3- // -'7/ FILED IN CLERK'S OFFICE JAN 2 31974 Irene Gammon to CURK, SDRTN REND, IND. Tommut r arport inn tae Tomumit ( 0um-H of the Tity of OxW4 lrnb: Your Committee of the Whole to whom was referred AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 21 OF THE CITY CODE OF SOUTH BEND, INDIANA, 1971, ALSO KNOWN AS ORDINANCE NO. 4990 -68, AS AMENDED, AND GENERALLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED, BY ADDING PROVISIONS RELATIVE TO SIGNS AND OUTDOOR ADVERTISING. Respectfully report that they have examined the matter and that in their opinion the Ordinance, as amended on February 25, 1974, should go to the Council as favorable. (NOTE: Further amendment made to ordinance in Council portion of meeting.) Odell Newburn Chairman ,... ..... r .......... CO.