24-553 General requirements | St. John Town Code

Sec. 24-553. General requirements.

(a) Permits required. No person shall erect, alter, or relocate within the Town any permanent or temporary sign without first obtaining a sign permit from the building commissioner and making payment of the required fee. Permanent signs and sign face changes shall require approval of the building commissioner prior to a permit being issued. Any lawfully erected sign that conforms to the requirements of this article may not be removed and then replaced with an exact copy of the sign without first obtaining a building permit.

(1) No permit is required for nonstructural repairs for lawfully erected signs that do not conform to the requirements of this article.

(2) A sign permit and building commissioner approval is required for structural repairs for lawfully erected signs that do not conform to the requirements of this article and the sign must be brought into compliance with this article.

(3) All sign permits issued by the building commissioner shall expire within one year of the date of issuance and if the sign has not been completed by such time, a new sign permit is required.

(4) Sign permit fees are set forth in town schedule of fees.

(b) License required. No person shall erect, alter, or relocate within the Town, any permanent or temporary sign without first obtaining a contractor's license from the Building and Planning department and making payment of the required fee.

(c) Signs with multiple surfaces. In the case of a sign with multiple surfaces, the gross surface area shall be the square foot area of the largest single side of the sign.

(1) Unsafe signs. If any sign is found to be unsafe or unsecured or is a menace to the public, the building commissioner shall give written notice to the owner of the sign. If the owner fails to remove or alter the sign so as to comply with the notice and with the standards set forth herein within ten (10) days after such notice, such sign shall be removed or altered to comply by the building commissioner at the expense of the owner of the property upon which the sign is located. The building commissioner may cause any sign that is an immediate danger to persons or property to be removed summarily and without notice.

(2) Obsolete signs. Any obsolete sign that does not advertise an existing business or a product, including the poles, posts, pylons, pipes, or frames to which it is affixed, shall be taken down and removed by the owner within thirty (30) days after written notice from the building commissioner. If such sign is covered, it may remain covered for a period of time not to exceed six (6) months. Upon failure to comply with such notice within the time specified, the building commissioner shall cause removal or coverage of such sign, including the poles, posts, pylons, pipes, or frames to which it is affixed, and any expense incidental thereto shall be paid by the owner of the property to which such sign is attached.

(3) Lien. In the event the building commissioner shall cause removal or coverage of any sign, including the poles, posts, pylons, pipes, or frames to which it is affixed, under subsection (a) or (b) of this section, a notice of lien of the cost and expense thereof incurred by this Town may be filed with the county recorder's office. Upon payment of the cost and expense after notice of lien has been filed, the lien shall be released by this Town, and the release shall be filed of record in the same manner as filing the notice of lien.

(e) Exemptions. The following signs are exempt from all requirements, except the safety regulations, of this article:

(1) Memorial signs and tablets displayed on private property, or the building names and/or dates of erection into any masonry surface, not exceeding two (2) square feet in area;

(2) Address numerals and signs not exceeding two (2) square feet in area, which may bear the names of occupants of the premises; government flags and insignia;

(3) Legal notices;

(4) A traffic control or information sign used by the municipal Police Department;

(5) All municipal signs or signs erected or installed by the Town;

(6) ATM and vending machines;

(7) Lettering, logos, and signage on vehicles and trailers, provided that the primary purpose is not advertising; and

(8) Any temporary window sign shall be exempt only from the permit and fee requirements, but all other applicable provisions shall remain in full force and effect.

(f) Sign appearance. The owner or operator of any sign or other advertising structure shall maintain all exposed parts and supports frequently enough to maintain an attractive appearance. All signs and other advertising structures and their supports shall be secured to remain upright, plumb, and level.

(g) Mansard signs. Signs may be erected on the plane of a mansard-style roof or mansard wall facing, provided the angle of such mansard roof or wall facing is constructed at an angle of not less than seventy (70) degrees from the horizontal plane.

(h) Wall signs. Signs on awnings, fascias, marquees, and canopies shall be considered wall signs under the terms of this article and are subject to the regulations for wall signs.

(i) Prohibited signs. The following signs are prohibited:

(1) Signs blocking any required access way;

(2) Signs installed in the public right-of-way, including, but not limited to, attached to a tree or utility pole;

(3) Illumination used to make a sign visible that results in a traffic hazard;

(4) Flashing signs or flashing advertising structure;

(5) Any sign or advertising structure using the words "stop," "go," "look," "slow," or "danger" or any similar word, phrase, symbol or character, unless part of a business name and not dangerous to traffic;

(6) Any sign or advertising structure that obstructs traffic vision;

(7) Wind-actuated signs, except as permitted in section 24-557;

(8) Plywood signs, except as permitted in section 24-557;

(9) Off-site signs, unless a developmental variance is obtained from the Town;

(10) Portable reader-board signs, except where exempted.

(11) Roof signs in all zoning districts;

(12) Moving signs;

(13) Signs displaying obscene or illegal matter;

(14) Signs on fences, utility poles, street lights, or trees;

(15) Signs which resemble, or are confusingly similar to any official marker erected by the Town, State, or any other governmental unit or agency, or which by reason of position, shape or color would confuse or conflict with the proper functioning of any traffic sign or signal;

(16) Signs on any property without the consent of the party having the right of present possession; and

(17) Bench signs.

(j) Notification and penalties. Any owner or operator of a sign or other advertising structure who violates any section of this article shall receive written notice of the violation from the building commissioner. The notice shall include a description of the violation, the corrective action required, the penalty for the violation, and shall allow thirty (30) days from the date of the notice for correction of the violation. If the violation is not corrected within thirty (30) days of the date of the notice, the owner or operator of the sign or other advertising structure shall receive a notice to appear in court, and shall be subject to a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), for each day the violation continues after the deadline for compliance.

(1) Any property owner affected by the strict application of this article may request a developmental variance from the Board of Zoning Appeals, which has jurisdiction to approve or deny variances from developmental and technical standards.

(2) Any affected property owner may appeal any decision of an administrative official, staff member, or building commissioner under this article, or the denial by any such official of the approval of a sign permit to the zoning appeals pursuant to the provisions of this zoning chapter, the rules and regulations of the Board of Zoning Appeals and pursuant to state statute (IC 36-7-4-918.1). Any appeal filed with the Board of Zoning Appeals must specify the grounds of the appeal and must be filed with ten (10) days from the date of the action being appealed.

(l) Zoning districts. For purposes of this article, residential districts includes R-1, RC-1, R-2, RC-2 R-3, OS and FP zoning districts. Commercial and industrial districts include C-1, C-2, C-3, C-4, I, BP, TC, PB, U.S. 41 overlay and Route 231 overlay zoning districts.