Goshen News, Goshen, IN

July 10, 2009

Sign law going to commissioners

By JOHN KLINE

Elkhart County Plan Commission members Thursday approved the final draft of a new ordinance aimed at amending the Elkhart County Zoning Ordinance to include electronic sign and message board regulation.

According to Robert Nemeth, a planner with the Elkhart County Planning Department, three key issues have been identified by his department regarding the allowance of electronic sign and message board use within the county: glare at night, proximity to residences, and flashing lights.

However, due to the fact that no guidelines exist within the county zoning ordinance for regulation of electronic signs, Nemeth said any attempts to deal with such issues have been virtually impossible — until now.

“Staff have meet numerous times over the last month,” Nemeth said in regard to the drafting of the new ordinance. “This is the best version of the ordinance that we could come up with.”

First to be outlined within the new draft ordinance are the plan’s primary objectives, which range from a desire to preserve a sense of community and rural character in the county to preserving the property values and tranquility of residential and agricultural neighborhoods.

Along those lines, Nemeth noted that the new ordinance identifies three zoning districts where the use of electronic signs and message boards will be permitted: business districts, or “B” zones; manufacturing districts, or “M” zones; and development park districts, or “E” zones.

“We want to permit them outright in three zones,” Nemeth said.

In addition to the permitted zones, Nemeth noted that special use permits may be administered on occasion in “A” agricultural and “R” residential zones, but only if specifically requested by the applicant and approved by the Elkhart County Board of Zoning Appeals.

As for the developmental standards such as setbacks, height, and size that will be used for installation of the electronic signs, Nemeth indicated the ordinance will retain the same standards used for most typical lighted signs in the area.

Sign limitations



Next came a breakdown of the various limitations that will be placed on the use of electronic signs and message boards in the county.

First to be addressed were the issues of intensity and glare, where the illumination of the sign must be reduced significantly during nighttime hours, or one-half hour after sunset until one-half hour before sunrise, at which time the brightness can be increased back to full intensity.

“At night it doesn’t need to be as bright,” Nemeth said, “because it’s not competing with other light sources.”

Nemeth also noted a new limitation on sign proximity to residential housing, which will require a minimum separation of at least 300 feet between the sign and any nearby residences.

“An electronic message board is almost incompatible when next to a house,” Nemeth said of the reasoning behind the new rule.

Closing out the restrictions is a moratorium on any type of flashing light that could serve as a hindrance to passing motorists.

“The purpose of the signs is to convey information, on-site sales and services,” Nemeth said. “Instead, (flashing light) is a distraction.”

At the close of Nemeth’s presentation, commission member Roger Miller noted his approval of the final product.

“This is a starting point, and I think it’s a good one,” Miller said. “I think we need to get started.”

With its approval by the commission Thursday, the draft ordinance will now move on to the Elkhart County Board of Commissioners for final review and possible passage.