A sign promoting:
An advertising sign.
A line established by zoning provisions of the zoning ordinance,
beyond which no part of a principal building or structure may be erected.
The officer or other persons within the city charged with
the administration and enforcement of the sign regulations.
Any of the following:
A sign relating to:
A sign which permits light to be turned on or off intermittently
or which is operated in a way whereby light is turned on or off intermittently,
including an illuminated sign on which such illumination is not kept
stationary or constant in intensity and color at all times when such
sign is in use, including an LED (light emitting diode) or digital
sign, and which varies in intensity or color. A CEVMS sign does not
include a sign located within the right-of-way that functions as a
traffic-control device and that is described and identified in the
Manual on Uniform Traffic Control Devices (MUTCD) approved by the
Federal Highway Administrator as the National Standard.
Either a service station or drive-in grocery store.
To build, construct, attach, hang, place, suspend, affix,
or paint signs on the exterior surface of a building or structure.
An offering for sale, exchange or barter to the general public
of used or new merchandise, personal items, household items and/or
other property belonging to or in the possession of the person conducting
the sale and that is in or near a garage or building or upon a patio,
yard, or driveway located on any premises used primarily for residential
purposes.
Any temporary, promotional sign advertising a garage sale.
A freestanding sign not attached to any building and supported
by uprights or braces or other support anchored to the ground other
than a pole sign.
A sign lighted by or exposed to artificial lighting by lights
on the sign or directed toward the sign.
A permanent roofed structure attached to and supported by
a building.
A business sign:
A large, free-standing, weather-resistant sign that sits
at ground level with no open space between the sign and the ground.
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Basic Components of a Monument Sign
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A person, firm or corporation who manufactures, erects, repairs,
maintains or paints outdoor signs which are attached to buildings
or advertising structures, or who manufactures, erects, repairs or
maintains outdoor advertising structures, and who places or services
such outdoor signs or structures on premises not owned by him/her.
A type of freestanding sign supported by a single freestanding
pole and having no guys or braces to the ground or to any structure
other than the pole.
A sign:
Any sign supported by the ground but not being attached to
the ground or other object.
A sign which projects from a building and which has one end
attached to a building or other permanent structure.
A sign:
Giving direction to property for sale, or for rent, or for lease.
Placed upon a property advertising that particular property
for sale, or for rent, or for lease.
Placed on the premises of the area outlined in an approved plat
of a subdivision, advertising the sale of lots within said subdivision.
A sign which is erected upon, over, or above a roof of a
building.
The distance from the point of the sign nearest the building
line or property line to the building line or property line, measured
from the point as if the sign touched the ground.
A sign:
A sign placed on the inside of a window, covering not more
than fifty (50) percent of the total window area.
(1992 Code, sec. 3.1001; Ordinance 2008-0869, sec. 1, adopted 6/23/08; Ordinance 2013-0954, sec. 1,
adopted 10/7/13; Ordinance 2023-1177 adopted 8/21/2023)
(a)
Sign area measurement.
Sign areas shall be measured
as follows:
(1)
Square or rectangular signs - length times height of sign.
(2)
Irregular shaped signs - area of rectangles or triangles or combination
thereof necessary to enclose the sign face.
(3)
Sign composed of individual cut-out letters - sum of area of rectangles
or triangles necessary to enclose each letter.
(b)
Measurement of distance.
Minimum distance between signs
means shortest horizontal distance measured at ground level between
areas located directly under each sign.
(c)
Obstructing exits, windows, etc.
No sign shall be erected
or maintained in such a manner that any portion of its surface or
supports will interfere in any way with the free use of any fire escape,
exit, stairway or access thereto by fire equipment, or obstruct any
required ventilator, door or stairway. No sign shall obstruct the
free use of any window on the premises.
(d)
Information required on signs.
Every sign hereafter
erected shall have painted in a conspicuous place thereon, in letters
not less than one (1) inch in height, the date of erection, the permit
number, voltages, and name of maker or installer.
(e)
Obstructing traffic visibility at corners.
No sign or
combination of signs any part of which is located within a twenty
(20) foot horizontal radius of the intersection of two (2) public
streets or of a private driveway and a public street shall have over
one (1) square foot in surface area situated within the vertical space
between three and one-half (3-1/2) feet and ten (10) feet above the
curb grade (or street grade of the nearest travel lane if there is
no curb).
(f)
Maintenance.
All signs and advertising structures shall
be maintained in good and safe structural condition, shall be painted
on all exterior parts, unless coated or made of rust-resistant material,
and shall be maintained in good condition and appearance. If, upon
inspection by the building official, a sign is found not to conform
to the above, written notice shall be given by the building official
to the owner of the sign at his/her last known address specifying
any condition in violation of this section and advising that such
condition must be corrected within thirty (30) days, or else the sign
be removed. Failure to comply with such notice shall constitute a
violation of this section, regardless of whether such notice is actually
received.
(g)
Removing obsolete signs.
All advertising copy signs
relating to a product no longer available for purchase by the public
or to a business which has closed or relocated shall be removed immediately.
Painted wall signs shall be painted over with a color that resembles
or matches the wall. If the person originally erecting or causing
the erection of a sign fails to remove or paint over the sign within
thirty (30) days of the time such product is no longer available or
such business is closed or has relocated, the owner of the premises
shall remove or paint over such sign within the succeeding thirty
(30) days thereafter.
(h)
Signs not to constitute traffic hazard.
It shall be
unlawful for any person to erect or maintain any fluttering, undulating,
swinging or rotating beacon or sign, or any flashing light with lighting
interruptions of less than five-second intervals. No sign shall be
erected or maintained in such a manner as to interfere with, obstruct
the view of, or be confused with, any authorized traffic sign, signal
or device. No sign shall make use of the words “Stop,”
“Go,” “Slow,” “Danger” or any
other similar word, phrase, symbol or character or employ any red,
yellow, orange, green or other colors or lights in such a manner as
to interfere with, mislead or confuse traffic.
(1992 Code, sec. 3.1004; Ordinance
adopting Code)
(a)
Placing signs on poles. trees. etc.
No person shall
attach or maintain any sign upon any public utility pole or structure
or tree.
(b)
Placing signs on public street or public property.
No person shall place, erect or maintain or cause the placing, erecting or maintaining of any sign upon any public right-of-way or public area, except real estate signs not exceeding six (6) square feet in accordance with section 3.11.006(h)(1).
(c)
Signs on fences.
No person shall paint a sign or attach
a sign, other than an identification sign, to the outside of a fence
or a wall which is not a structural part of a building.
(d)
No
off-premises advertising sign including billboard signs are permitted.
(1992 Code, sec. 3.1005; Ordinance 2008-0869, sec. 1, adopted 6/23/08; Ordinance 2011-0924 adopted 8/8/11; Ordinance
2023-1177 adopted 8/21/2023)
(a)
Signs exempt from sign code.
The provisions of the sign
code, except those pertaining to traffic hazards as set out in section
3.11.002(i), shall not apply to the following types of signs:
(1)
Inside signs (not including window signs).
(2)
Official notices of any court or public office and posted legal notices.
(3)
Traffic signs or other signs erected or maintained by a governmental
body or agency.
(4)
Special event signs on or over public property when permitted by
the city council.
(5)
Street number signs not exceeding one (1) square foot of surface
area.
(b)
Signs exempt from permit and fee provisions.
The following
types of signs shall be subject to the provisions of the sign code,
but no permit or no permit fee shall be required:
(1)
All real estate signs.
(2)
Signs not exceeding five (5) square feet in surface area.
(3)
Political signs.
(4)
Temporary construction signs not exceeding sixty (60) square feet
of surface area designating the architect, engineer or contractor
and other facts relating to a structure under construction, if removed
immediately upon completion of the work.
(5)
Directional signs not exceeding eight (8) square feet approved by
the building official.
(c)
Sign variances.
The city council may grant variances
as to the location and size of signs permitted by the provisions of
this article if it appears that the provisions of this article would
work a manifest injustice or an unnecessary hardship.
(d)
Nonconforming existing signs.
(1)
All signs, except portable signs lawfully in existence at the date
of adoption of this section, may continue to be used and repaired
but may not be altered or relocated except in conformity with the
provisions of this article. If a nonconforming sign is removed or
destroyed, any replacement thereof must conform to the provisions
of this article.
(2)
Portable signs shall conform to the provisions of section 3.11.005(b)(3)(J), upon passage of this section.
(1992 Code, sec. 3.1006)
(a)
Districts classified.
The following zoning district
classifications are listed in the order shown in the Hutchins Zoning
Ordinance:
(1)
“R-l” Single Family Dwelling District.
(2)
“R-2” Single Family Dwelling District.
(3)
“R-3” Single Family Dwelling District.
(4)
“D” Duplex Dwelling District.
(5)
“A” Apartment Dwelling District.
(6)
“LR” Local Retail District.
(7)
“C” Commercial District.
(8)
“LM” Light Manufacturing District.
(9)
“HM” Heavy Manufacturing District.
(b)
Sign types - districts where permitted and special requirements.
The type of signs permitted in each zoning district and special regulations applicable to signs in each such district are set out in this section. All signs are subject to the general regulations in section 3.11.002 hereinafter set out.
(1)
The only signs permitted in “R-1,” “R-2,”
“R-3” Single Family Dwelling Districts, and “D”
Duplex Dwelling District are as follows:
(3)
The only signs permitted in an “LR” Local Retail, “C”
Commercial, “LM” Light Manufacturing, and “HM”
Heavy Manufacturing Districts are as follows:
(A)
Political.
(B)
Real estate sign - types 1, 2 and 3.
(C)
Bulletin board or identification signs. A maximum of one (1) sign
per street frontage shall be permitted.
(D)
Ground signs shall be permitted only as follows:
(E)
Pole signs shall be permitted as follows: A maximum of one (1) sign
per lot or tract, one (1) sign per street frontage, or one (1) sign
for each three hundred (300) feet of street frontage, whichever is
greater.
(F)
Wall signs.
(H)
Marquee signs: No marquee sign may extend over public property.
(I)
Illuminated signs.
(K)
Traffic directional signs on parking lots.
(L)
Window signs.
(1992 Code, sec. 3.1002)
(a)
Advertising sign (billboard) requirements.
No advertising
sign or billboard shall be installed or erected in the city except
by special permit approved by the city council, as hereinafter set
out. Any such advertising sign or billboard shall comply with all
provisions hereof as applicable thereto. This subsection shall not
apply to garage sale signs.
(c)
Ground sign requirements.
(1)
For property located on interstate highways:
(A)
Maximum area: Three hundred (300) square feet.
(B)
Maximum height: Fifty (50) feet.
(C)
Minimum setback: Twenty-five (25) feet from property line.
(D)
Minimum distance to other signs: Sixty (60) feet.
(E)
Minimum distance to property zoned for residential uses: Sixty (60)
feet.
(F)
There shall be an open space of at least three (3) feet in height
between the ground and the bottom of such ground sign.
(G)
There shall be a minimum clearance of twelve (12) feet above parking
lots or driveways.
(2)
For areas other than property located on interstate highways:
(A)
Maximum area: Two hundred (200) square feet.
(B)
Maximum height: Thirty (30) feet.
(C)
Minimum setback: Twenty-five (25) feet from property line.
(D)
Minimum distance to other signs: Sixty (60) feet.
(E)
Minimum distance to property zoned for residential uses: Thirty (30)
feet.
(F)
There shall be an open space of at least three (3) feet in height
between the ground and the bottom of such ground sign.
(G)
There shall be a minimum clearance of twelve (12) feet above parking
lots and driveways.
(d)
Marquee sign requirements.
(1)
No part of sign shall project more than twelve (12) inches from any
face of a marquee.
(2)
Signs shall be constructed of noncombustible materials.
(3)
Attraction boards having interchangeable letters and built as integral
part of a marquee shall not exceed seven (7) feet in height nor thirty
(30) feet in length.
(4)
No sign shall project any closer than two (2) feet of any curb or outside edge of a travel lane, measured as described in section 3.11.002(f) herein.
(5)
There shall be a minimum clearance of twelve (12) feet above parking
lots and driveways.
(e)
Pole sign requirements.
(1)
Maximum area of sign face: Sixty (60) square feet.
(2)
Maximum height: Twenty-five (25) feet.
(3)
Minimum distance to other signs: Thirty (30) feet.
(4)
Minimum distance from bottom of sign face to ground: Ten (10) feet;
twelve (12) feet if over a parking lot or driveway.
(5)
Minimum distance to property zoned for residential uses: Thirty (30)
feet.
(6)
Maximum distance from outer edge to outer edge in any direction:
Twelve (12) feet.
(7)
Face of sign may rotate at not more than eight (8) revolutions per
minute.
(f)
Political sign requirements.
No political sign shall
exceed thirty-six (36) square feet in area.
(g)
Projecting sign requirements.
(1)
No part of any projecting sign shall be less than ten (10) feet above the sidewalk immediately below, nor nearer than two (2) feet from the back of the street curb or outside edge of a travel line if no curb exists, measured as described in section 3.11.002(f) herein.
(2)
Supports for projecting signs shall be installed at an angle of ninety
degrees (90°) to the face of the building to which attached, except
when placed at the corner of a building so as to be seen from two
(2) streets.
(3)
The maximum length of projecting signs measured from face of building
to outer edge of sign shall be five (5) feet.
(4)
Projecting signs shall not extend to any greater height than the
building to which it is attached.
(h)
Real estate sign requirements.
(1)
Type 1 - Temporary directional signs for weekend advertising.
Home builders may use temporary directional signs for weekend
advertising. Signs shall not be placed earlier than 1:00 p.m. Friday
and shall be removed no later than 1:00 p.m. Monday. No more than
one (1) sign per builder shall be allowed per lot or tract. A minimum
of three hundred feet (300') shall also be maintained between sign
locations along a roadway. Signs may direct traffic only to projects
located within the city limits. Signs found on public rights-of-way
which constitute a traffic or public safety hazard may be relocated
to a safe location by the city police department or impounded if no
such safe location can be found nearby.
(2)
Type 2 - Temporary signs advertising the sale or rental of real property.
Signs pertaining to the sale or rental of real property in a
residential district shall not exceed eighteen (18) square feet in
area, and signs pertaining to the sale or rental of real property
in commercial districts shall not exceed thirty-six (36) square feet
in area, and may be located only on the property offered for sale
or rental, and shall be removed immediately upon the sale or rental
of the premises, provided that a sign not exceeding four (4) square
feet in area and displaying the leasing, renting or selling agent’s
name, address and phone number along with the word “Sold”
may remain on the property for up to fourteen (14) days after the
sale is completed. No sign advertising the sale or lease of any premises
shall advertise the premises for a purpose for which it is not legally
zoned.
(3)
Type 3 - Subdivision promotional signs.
(A)
Signs announcing or describing a legally approved subdivision or
development may be temporarily erected on each approved platted subdivision,
provided however, that no such sign shall exceed two hundred (200)
square feet in area.
(B)
The location of such signs shall be subject to approval by the building
official. Signs shall be placed so as not to interfere with the occupancy
or use of the lots in the subdivision, and shall be removed within
thirty (30) days after the completion of the builder inspector’s
final inspection of the last lot or dwelling in the subdivision to
be inspected. One such temporary sign shall be allowed for each side
of the subdivision or development exposed to arterial or major streets.
(i)
Roof sign requirements.
Roof signs shall not be allowed.
(k)
Garage sale sign requirements.
(1)
The area of a garage sale sign shall not exceed four and one-half
(4-1/2) square feet.
(2)
The contents of a garage sale sign shall include the following information:
the full name of the resident posting the garage sale sign, the date
and time said garage sale sign was posted, garage sale sign permit
number (as assigned by the city), the address of the location of the
garage sale, and the hours of operation for the garage sale.
(3)
The number of garage sale signs shall be restricted to one on-premises
and six off-premises signs.
(4)
Posting of garage sale signs is prohibited on any utility pole, public
fence structure, or within a public right-of-way.
(5)
Garage sale signs may be displayed a maximum of seven days prior
to the garage sale and any such signs shall be removed within twenty-four
hours following the last day of the garage sale.
(6)
It shall be unlawful for any person who displays or allows to be
displayed a garage sale sign, visible to the general public, advertising
and/or providing notice of a garage sale to allow said sign to be
displayed in violation of this article.
(l)
Changeable electronic variable message sign (CEVMS).
(1)
Shall be permitted in all commercial zoning districts.
(2)
May only be installed as a monument style sign.
(3)
Shall not be allowed on temporary signs.
(4)
No sign shall make use of the words, "stop," "go," "look," "slow,"
"danger" or any other similar word, phrase symbol or character or
employ any red, yellow, orange, green or other colored lamp or light
in such a manner as to interfere with, mislead or confuse traffic.
(5)
All electronic changeable message signs shall have an auto dimmer
photo eye installed in the sign.
(m)
Monument signs.
(1)
Maximum height.
Fifteen (15) feet including monument
base along thoroughfares with an ultimate typical right-of-way width
of seventy-two (72) feet or greater, measured to ground level at base;
and eight (8) feet elsewhere in the Logistics Port District.
(1992 Code, sec. 3.1003; Ordinance 2013-0954, sec. 2, adopted 10/7/13; Ordinance 2023-1177 adopted 8/21/2023)
(a)
Required.
(1)
No sign or advertising structure shall be erected, relocated, posted,
painted or maintained within the city by any person, firm or corporation
without first obtaining a permit therefor from the city building official
except as provided herein.
(2)
Any person applying for a sign permit must show proof of property
damage and public liability insurance in an amount not less than ten
(10) times the construction cost of the sign and containing standard
provisions that the sign contractor or property owner are insured
against claims by third persons for negligence of the contractor or
owner or their agents, officers, or employees in the construction,
erection, or maintenance of the proposed sign.
(3)
Electrical signs shall also require electrical permits. Permits for
advertising signs (billboards) shall also require approval of the
city council.
(b)
Plans.
(1)
No sign permit shall be issued except after receipt of an application
prescribed by the building official and showing the sign location,
size, type, height, materials of constructions, surface area and such
other information as the building official shall require.
(2)
When required by the building official, plans shall be prepared by
a registered professional engineer or architect.
(c)
Permit fees.
The fee for all permitted signs shall be as provided for in the fee schedule found in appendix A of this code.
(d)
Late fee.
When a sign is erected, placed or maintained
or work started thereon before obtaining a sign permit, there shall
be a late fee equal to twice the amount of the sign permit fee. The
late fee does not excuse full compliance with the sign code provisions.
(e)
Expiration.
A permit for a sign shall expire if the
work is not started within sixty (60) days, or is not completed within
one hundred and twenty (120) days after work has commenced. A new
permit shall be required to replace any permit which has expired.
(f)
Void permits.
Any permit issued in conflict with the
provisions of this section is void.
(1992 Code, sec. 3.1007)
