[Ord. No. 2005-5 §1, 2-7-2005]
A.
The following sign standards by zoning districts shall apply in the City of Warsaw. The districts are as defined by the Zoning Ordinance and Official Zoning Map. Only signs as described herein and as may be described under Article II, Section 407.080, Exemptions, shall be permitted.
1.
Churches, public and semi-public buildings, hospitals and institutions
may have one (1) bulletin board not more than thirty-two (32) square
feet in area.
2.
Only those signs permitted in Subsection (1), temporary signs not more than six (6) square feet in area pertaining to lease or sale of premises and nameplates when non-illuminated and not greater in area than four (4) square feet are allowed in a residential district.
3.
Detached signs. Each establishment may be allowed
one (1) on-premises detached sign, provided a minimum of fifty (50)
feet of street frontage is available. Establishments may be allowed
an additional on-premises detached sign, provided both signs are located
a minimum of one hundred twenty (120) feet from one another along
the street frontage of the tract of land. Establishments in manufacturing
districts may be allowed a third (3rd) detached sign, provided all
signs are located a minimum of one hundred twenty (120) feet from
one another along the street frontage of the tract of land.
No part of the detached sign structure or its advertising content
shall be placed or extend into any street, street right-of-way or
private property other than the property owned by the establishment.
Surface area of the sign shall be in proportion to the setback
of the sign from the center of the traveled portion, including parking
area of the nearest public roadway.
In the "C-2", "C-3" and "M-1" and "M-2" Districts, four (4)
square feet in sign surface area shall be allowed per foot of setback
distance (Area = 4 x setback distance).
In the "C-1" District, two (2) square feet in sign surface shall
be allowed per foot of setback distance (Area = 2 x setback distance).
The height of such sign shall be in proportion to the setback
of the sign from the center of the traveled portion, including parking
area of the nearest roadway. In the "C-1", "C-2", "C-3" and "M-1"
and "M-2" Districts for every foot setback from the center of the
traveled portion, including parking area of the nearest public roadway,
one (1) foot in sign height shall be allowed. Height = 1 x setback
distance with a maximum height of sixty (60) feet being allowed height
being measured from the ground to the top of the sign. The height
of the advertising content shall be at least eight (8) feet above
the ground.
4.
A detached sign may be permitted on land immediately adjacent to
and along the right-of-way of Federal interstate freeways and United
States highways, excluding designated business routes, provided that
such detached signs shall be a maximum height of sixty (60) feet and
a maximum size of eight hundred (800) square feet, provided that no
point on such signs shall be farther than one thousand three hundred
twenty (1,320) feet back from the right-of-way of said Federal interstate
freeways and United States highways, provided that no detached sign
along such freeways or highways shall be erected closer than two hundred
(200) feet from an existing residential structure and provided that
such detached signs shall be erected so as to be viewed from said
Federal interstate freeways and United States highways. There will
be a limitation under this Subsection of one (1) sign per business
location, however, this limitation should not be construed to limit
other signs allowed under Subsections of this Section.
All signs within the limits of the City of Warsaw which are
adjacent to Federal and State highways will be subject to the pertinent
regulations of the governing jurisdiction. In addition, signs in the
glide path of Warsaw Municipal Airport will be subject to regulations
of the F.A.A.
5.
No permanent or temporary signs shall be allowed in a municipally
controlled public right-of-way except for the following:
a.
Public signs erected by or on behalf of a governmental body to post
legal notices, identify public property, convey public information
and direct or regulate pedestrian or vehicular traffic.
b.
Information signs of a public utility regarding its poles, lines,
pipes or facilities.
c.
Garage sale signs as defined by and in accordance with other existing
City ordinances.
d.
Emergency warning signs erected by a governmental agency, a public
utility company or a contractor doing authorized or permitted work
within the public right-of-way.
e.
Other signs in the public right-of-way forfeited. Any sign installed
or placed on public property, except in conformance with the requirements
of this Section, shall be forfeited to the City and subject to confiscation.
In addition to other remedies hereunder, the City shall have the right
to recover from the owner or person placing such sign the full costs
of removal and disposal of such sign.
[Ord. No. 2005-5 §1, 2-7-2005]
A.
Advertising
signs shall be permitted however, only in areas zoned "C-1", "C-2",
"C-3" or "M-1" and only as conditional uses.
B.
In
no case shall advertising signs be erected at a spacing which is closer
than five hundred (500) feet apart, per roadway side, and all advertising
signs must comply with setback and other regulations.
[Ord. No. 2005-5 §1, 2-7-2005]
Signs that were erected before the adoption of this Chapter
may continue to exist and be maintained in a safe manner, however,
such non-conforming signs may not be replaced, expanded, enlarged
or modified to denote the change in the type of business or a change
in ownership or substantially improved other than in compliance with
these regulations.
[Ord. No. 2005-5 §1, 2-7-2005]
A.
In
obtaining a sign permit, the applicant may apply to the Planning and
Zoning Commission for a variance from the specific requirements of
this Code. A variance may be granted by the Planning and Zoning Commission,
where the literal application of the code would create a particular
hardship for the sign user and the following criteria are met:
1.
The granting of the requested variance would not be materially detrimental
to the property owners in the vicinity.
2.
The hardship caused to the sign user under a literal interpretation
of the code is due to conditions unique to that property, does not
apply generally to other properties in the City and is not based solely
upon economic hardship.
3.
The granting of the variance would not be contrary to the general
objectives of this Code.
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In granting a variance, the Planning and Zoning Commission may
attach additional requirements necessary to carry out the spirit and
purpose of this Chapter in the public interest.
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[Ord. No. 2005-5 §1, 2-7-2005]
A.
The
following signs are prohibited in all districts and shall be removed
in accordance with "Removal".
1.
Signs containing any indecent, obscene or immoral matter as determined
by the Planning and Zoning Commission.
2.
Signs which are located on any public right-of-way, except that traffic or other non-advertising signs as provided in Section 407.080 "Exemptions" shall be allowed in rights-of-way.
3.
Signs illuminated to an intensity to cause glare or brightness to
a degree that could constitute a hazard or nuisance. Revolving, flashing,
intermittently lighted or changing color signs shall be a minimum
of five (5) second intervals. Beacons or similarly constructed signs
shall not be allowed.
4.
Illuminated signs erected within one hundred fifty (150) feet of
a residential district, unless lighting is shielded from view.
5.
Signs which are of a size, location, movement, content, coloring
or manner of illumination which may be confused with or construed
as a traffic control device or which hide from view any traffic, street
sign or signal or which obstruct the view in any direction at a street
or road intersection.
6.
Signs which advertise an activity, business or service that is no longer conducted or advertises a product that is no longer produced shall be removed as provided for in Article IV, Section 407.210 "Removal", except where the owner or lessor of a premise is seeking a new tenant, such signs may remain in place for not more than sixty (60) days from date of vacancy.
