ORDINANCE NO.
2010-02
AN ORDINANCE OF
THE CHESTERTON TOWN COUNCIL AMENDING PORTIONS OF THE TEXT OF THE UNIFIED
COMPREHENSIVE
ZONING AND
SUBDIVISION
CONTROL ORDINANCE OF CHESTERTON, INDIANA
WHEREAS, the
Chesterton Town Council on March 26, 2001, adopted a Unified Comprehensive
Zoning and Subdivision Control Ordinance which is Appendix A – Zoning of the
Chesterton Town Code (hereafter, “Zoning and Subdivision Control
Ordinance”); and
WHEREAS, the
Chesterton Advisory Plan Commission has initiated an amendment to the text
portion of the Zoning and Subdivision Control Ordinance in order to address
the issue of signs for businesses throughout the Town; and
WHEREAS, a public
hearing has been held before the Chesterton Advisory Plan Commission, which
has certified its proposal to amend the text of the Zoning and Subdivision
Control Ordinance to the Chesterton Town Council; and
WHEREAS, notice
has been given in accordance with Indiana Code of all proceedings concerning
this text amendment to the Zoning and Subdivision Control Ordinance; and
WHEREAS, the
Chesterton Town Council concurs with its Advisory Plan Commission and
accepts its proposal to amend the text of the Zoning and Subdivision Control
Ordinance;
NOW THEREFORE, BE
IT AND IT IS HEREBY ORDAINED by the Chesterton Town Council as follows:
SECTION 1. That
there shall be added the following definitions to Article II – Definitions
of the Zoning and Subdivision Control Ordinance:
Illegal
nonconforming sign: Any sign, other than a legal nonconforming sign, which
does not conform to the requirements of Article IV of this Ordinance.
Legal
nonconforming sign: A sign which, although legal at the time erected, does
not conform to the requirements of Article IV of this Ordinance.
SECTION 2. That
there shall be added Section 405(C) to Article IV of the Zoning and
Subdivision Control Ordinance, which shall read as follows:
Projecting Signs.
A business may erect one (1) projecting sign no less than seven feet (7')
nor more than nine feet (9') in height, as measured from grade. A projecting
sign permitted by this Section may be no greater than four (4) square feet
in gross surface area and may not be internally illuminated. A projecting
sign may be set at a building corner at no greater than 135 degrees to each
facade. In no event shall a projecting sign, or the apparatus attaching the
sign to the building, proceed farther than four feet (4') from the facade of
the building or over a curb or street line. The total size of a projecting
sign erected pursuant to this Section shall not be included in the maximum
gross surface area permitted pursuant to this Article.
SECTION 3. That
there shall be added Section 405(D) to Article IV of the Zoning and
Subdivision Control Ordinance, which shall read as follows:
Sandwich Signs. A
business may display one (1) sandwich sign not exceeding ten (10) square
feet in accordance with this Section. The sandwich sign permitted by this
Section shall be located on the property of the business or on the sidewalk
in the front profile of the business, provided that, in the case of a
sandwich sign located on a sidewalk, the sign must be situated not less than
one foot (1') off of the street or curb line and must allow not less than
thirty-six inches (36") of passage or the minimum width permitted under the
most current provisions of the Americans with Disabilities Act, whichever is
greater. The total surface area of a sandwich sign permitted pursuant to
this Section shall not be included in the maximum gross surface area
permitted pursuant to this Article.
SECTION 4. That
Section 408(F) shall be deleted from Article IV of the Zoning and
Subdivision Control Ordinance in its entirety.
SECTION 5. That
Section 408(I) of Article IV of the Zoning and Subdivision Control Ordinance
shall be amended to read as follows:
Signs extending
over or placed upon a public sidewalk, alley, or right-of-way except awnings
and canopies, projecting signs as permitted in Section 405 (C), and sandwich
signs as permitted in Section 405 (D).
SECTION 6. That
Section 410(C) of Article IV of the Zoning and Subdivision Control Ordinance
shall be amended and to read as follows:
All
non-illuminated signs or other displays on the interior portion of a window.
SECTION 7. That
Section 411 of Article IV of the Zoning and Subdivision Control Ordinance
shall be amended to read as follows:
Section 411. All
legal nonconforming signs may remain until:
1. Removed and
replaced by a legal conforming sign;
2. The sign
constitutes a danger or threat to public health or safety as determined by
the Building Commissioner and remains in such condition for thirty (30) days
after notice of such condition is provided to the owner by the Building
Commissioner;
3. A permit,
variance, condition or commitment, pursuant to which the sign was allowed,
expires;
4. The height,
gross surface area or location of the sign is changed; or
5. The business
advertised by the sign has ceased to operate for six (6) months or more, in
which case there is a rebuttable presumption that the legal nonconforming
sign has been abandoned and must be removed or replaced with a conforming
sign. The presumption may be rebutted by a showing by the owner of the real
estate where the sign is located that notice has been placed on record with
the Building Commissioner’s office regarding the cessation of the operation
of the business advertised by the sign and the intention to resume the
operation at a specific date. In no event shall a legal conforming sign
remain for more than one (1) year after the business advertised by the sign
has ceased operations.
SECTION 8. That
Section 413 of Article IV of the Zoning and Subdivision Control Ordinance
shall apply to violations of this ordinance.
SECTION 9. This
ordinance shall be in full force and effect from and after its adoption and
publication as required by law.
ALL OF WHICH IS
PASSED AND ADOPTED by the Chesterton Town Council this 12th day of April,
2010.
CHESTERTON TOWN
COUNCIL
By: Jeff Trout,
President
Emerson DeLaney
Sharon Darnell
James G. Ton
ATTEST: Gayle
Polakowski,
Clerk-Treasurer
(April 15, 2010)
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