The Voice for Real Estate in Elkhart County

 

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Elkhart, Indiana 46517-3510
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November-December 2002 Issue
Page 5

Dear MLS Update:

Do you have any information regarding the recent amendment to the Zoning Ordinance of the City of Elkhart regarding signage?

Zoneless in the City

Dear Zoneless,

The MLS office recently received a letter from the Zoning Administrator for the City of Elkhart explaining that a section of Ordinance 4370 was amended. Section 26.10 B 11 is listed below along with a definition of right-of-way that should help realtors determine the best placement of "for sale" signs.

26.10 Sign Regulations

A. Purpose

The use of signs to identify uses, advertise business and provide general orientation in the City is a recognized need and right of property owners within appropriately zoned districts. It is the purpose of this Section to provide a balanced system of signage to facilitate communication between people and their environment and to avoid visual clutter that is potentially harmful to traffic safety, property values, community appearance and the economic vitality of the city.

B. Prohibited Signs

The following signs are prohibited in all districts:

1. Flashing Signs

2. Strings of pennants, propellers, pinwheels, streamers, balloons, and similar small objects except as temporary signs.

3. Signs imitating or resembling official traffic or government signs or signals.

4. Signs attached to trees, rocks or natural formations or public property including but not limited to utility poles, benches, trash containers and parking meters, except as specifically authorized by the City.

5. All signs not specifically identified within this Zoning Ordinance.

6. Any sign which for ninety (90) consecutive days has directed attention to a product, place, activity, person, institution, or business which is no longer in operation.

7. Roof-mounted signs

8. Inflatable Displays (as amended per Ordinance No. 4431 on July 23, 1999)

9. Animated message boards, (as amended per Ordinance No. 4462 on January 13, 2000)

10. Signs that contain moving parts, including signs that spin or rotate. (as amended per Ordinance No. 4462 on January 13, 2000)

11. All signage located in the public right-of-way excepting public information, directional, emergency, and traffic signs as approved by the City Engineer or his/her duly authorized agent. (as amended per Ordinance No. 4683 July 10, 2002)

C. Illumination of Signs

1. Sign illumination shall be designed and placed to not cause glare which may result in traffic hazards or which may interfere with the customary use of nearby residences in accordance with Section 26.6 of this Ordinance.

2. In residential districts, only nameplates and bulletin boards may be illuminated. In non-residential districts, all signs may be illuminated provided they meet the other provisions established in this Ordinance.

3. The following restrictions shall apply to signs located in, adjacent to or across a street or alley from a residential zoning district:

No commercial or industrial sign shall be illuminated between the hours of 11:00 p.m. and 7:00 a.m. except for:

a. Those businesses open to the public during that time, in which case, illumination shall cease upon closing.

b. Apartment complex, subdivision and mobile home park signs.

c. Signs for hospitals and emergency health care facilities.

d. Off-premise signs may be illuminated except between the hours of 12:00 a.m. and 6:00 a.m.

(as amended per Ordinance No. 4542 dated December 4, 2000)

D. General Location Standards

1. All on-premise signs, except wall, marquee and awning signs, shall be located no closer than five (5) feet from any right-of-way.

2. Signs shall be erected so as not to obstruct sight lines along any right-of-way or so as to obstruct sight lines to traffic control lights, street name signs at intersections, or signals at railroad grade crossings.

RIGHT-OF-WAY

Land which is subject to use by the general public for general transportation purposes or conveyance of utilities including but not limited to streets, alleys, boulevards, highways, roads and other easements, whether or not in fact improved or actually used for such purposes.

(This will include grassy areas adjacent to the pavement up to the property owner's property line.)

Signage must be placed on property owned by the resident, not the City.

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