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(1)
It is the intent of this section to ensure the effective use of signs as a means of communication in the city; to maintain and enhance the esthetic environment; to improve pedestrian and traffic safety; to minimize the adverse effect of signs on nearby public and private property; and to enable the fair and consistent enforcement of these sign restrictions. This section is intended to allow a variety of types of signs in commercial and industrial zones, a limited variety of signs in other zones, and other incidental signs.
(2)
In the application of this ordinance, it is the intent to protect the public welfare and to enhance the appearance and economic value of the landscape by providing that signs:
A.Do not add to or create visual clutter.
B.Do not create a nuisance to persons using the public right-of-way.
C.Do not constitute a nuisance to occupancy of nearby property by their brightness, size, height, or movement.
D.Are not detrimental to land or property values.
(3) A sign may be established or maintained in the city only in conformance with the standards, procedures, exemptions, and other requirements of this ordinance.
(Ord. No. 718, § 2, 3-23-09)
Section 12.02. - Administration.
(1) Site plan review. For new development subject to site plan review under the provisions of section 8.02, the final site plan shall include a comprehensive sign plan including ground, wall and directional sign locations and details. Any sign, other than directional signs, not included in the comprehensive sign plan at the time of final site plan approval shall be subject to planning commission approval.
(2) Permits required. Application for a permit to erect or replace a sign, or to change copy thereon, shall be made by the owner of the property, or his authorized agent, to the city zoning or code inspector, by submitting the required forms, fees, exhibits and information. Fees for sign permits shall be established by resolution of the city council. An application for a sign permit shall contain the following:
A. The applicant's name and address in full, and a complete description of his relationship to the property owner.
B.If applicant is other than the business owner, the signature of the business owner concurring in submittal of said application is required.
C.The address of the property.
D.An accurate survey drawing of the property showing location of all buildings and structures and their uses and location of the proposed sign.
E.A complete description and scale drawings of the sign, including all dimensions and the area in square feet.
(3)All signs shall be inspected by the city zoning or code inspector for conformance to this ordinance prior to placement on the site. Foundations shall be inspected by the building department on the site prior to pouring of the concrete for the sign support structure.
(4)A sign permit shall become null and void if the work for which the permit was issued has not been completed within a period of six months after the date of the permit.
(5)Painting, repainting, cleaning and other normal maintenance and repair of a sign or a sign structure, unless a structural or size change is made, shall not require a sign permit.
(6)Signs for which a permit is required shall be inspected periodically by the zoning or code inspector for compliance with this ordinance and other laws of the city.
(Ord. No. 718, § 2, 3-23-09)
Section 12.03. - General conditions.(1)
Location: All signs must direct attention to a business or profession conducted on the premise or to a commodity, service, or entertainment primarily sold, offered, manufactured, processed, or fabricated thereon unless specified elsewhere in these regulations.
(2)Illumination:
A.No sign shall be illuminated by other than electrical means.
B.The light from illuminated signs shall be directed in a manner that will not interfere with vehicular traffic or with the enjoyment or use of adjacent properties, nor directly shine onto adjacent or abutting properties. Illuminated signs adjacent to residentially zoned or used property shall be designed and maintained such that illumination levels do not exceed 0.1 foot-candle along the adjacent property line.
C.No sign including all electronic message signs shall have blinking, flashing, or fluttering lights or other illuminating devices which have a changing light intensity, brightness or color, or which are so constructed and operated as to create an appearance or illusion of writing, printing, or change of image except as permitted elsewhere in this ordinance.
Movement showing the date, the time and the temperature exclusively may be permitted.
D.No exposed reflective type bulbs and no strobe lights or incandescent lamps shall be used on the exterior surface of any sign so as to expose the face of the bulb, light or lamp to any public street or adjacent property.
E.The illumination provisions above shall not apply to sign lighting systems owned or controlled by any public agency for the purpose of directing traffic.
F.Neon lighting is prohibited outside of the sign structure and shall not be permitted as accent lighting along a building wall or window.
(3) Prohibited signs: All signs not expressly permitted under this ordinance are prohibited in the city. Such prohibited signs include, but are not limited to, the following:
A.Beacons;
B.Pennants;
C.Portable signs;
D. Roof signs;
E. Inflatable signs and tethered balloons greater than 18 inches in diameter for commercial or advertising purposes.
F. Animated signs as defined in this ordinance. This provision is not intended to exclude those signs which give the time or temperature, provided no other animated messages are displayed.
G. Signs affixed to trees, rocks, shrubs or natural features, provided, signs denoting a site of historic significance may be allowed.
H.Signs which imitate traffic signals, traffic direction signs, or similar traffic control devices or signs which make use of words such as "Stop", "Look", "Danger", or any other words, phrases, symbols or characters, in such a manner as to interfere with, mislead or confuse traffic.
I.Permanent signs (other than those erected by a public agency) which are located within or overhang the public right-of-way or on public property unless specified elsewhere in these regulations.
J. Any strobe, flashing, or oscillating lights either from the interior or exterior of a building.
K. Moving signs. Except as otherwise provided in this section no sign or any portion thereof shall be permitted which moves or assumes any motion constituting a non stationary or fixed condition except for the rotation of barber poles, and except currently licensed vehicles and trailers which have painted upon them in a permanent manner the name of the product which they deliver and/or the name and address of the owner.
L. Abandoned signs. Signs that advertise an activity, business, product or service no longer conducted or available on the premises on which the sign is located shall be prohibited.
M. Signs which emit audible sound, odor or visible matter, unless otherwise permitted.
N. Exterior string lights used to advertise a commercial premises.
O. Any sign erected on a tree or utility pole except signs of any political subdivision of this state.
(4) Signs and activity permitted in all districts without a permit:
A. Incidental signs which are intended to direct the flow of pedestrian and vehicular traffic on private property. Incidental signs shall not exceed two square feet in area per side and four feet in height. Such signs may contain a business logo or business name of not more than one square foot and may be illuminated. Incidental signs must be setback a minimum of five from all property lines and driveways.
B. Signs erected for traffic safety purposes by public road agencies.
C. Federal, state, county, or local required signs on private property not to exceed six square feet.
D. Real estate signs subject to the provisions of this ordinance.
E. Changing of advertising copy or message on a theater marquee or similar approved signs which are specifically designed for the use of replaceable copy.
F. Painting, repainting, cleaning, and other normal maintenance and repair of a sign or any sign structure unless a structural change is made.
G. Integral signs, not to exceed a maximum area of six square feet.
H. Paper notices placed on kiosks as approved by the city.
I. Authorized signs of the state or a political subdivision of the state.
J. Flags bearing the official design of a nation, state, municipality, educational institution, church or fraternal organization. Flags bearing the official seal or emblem of a company or corporation including related slogans, messages or graphics. Zone lots shall be limited to four of the above flags. Flag poles shall meet the minimum 15-foot setback required for all signs to adjacent property lines. When site plan review is required, the location of flag poles shall be indicated on the site plan.
K. Permanent signs on vending machines or ice containers indicating only the contents of such devices provided that such devices must be located within ten feet of the building.
L. Business signs containing information on credit cards, business affiliations, hours of operation, open/closed, etc. The combined area of all such signs shall not exceed four square feet and shall be included in the maximum window coverage calculation.
M. Banner signs installed by the city, intended to announce civic activities, promote general business interests, or otherwise convey public information. Such signs shall be attached top and bottom (or two sides) to permanent structural members on a post or building erected for another purpose.
(Ord. No. 718, § 2, 3-23-09)
Section 12.04. - Ground signs.
(1) General requirements:
A. Within all nonresidential zoning districts, only one ground sign shall be permitted per zoning lot. If the frontage of a zoning lot exceeds 400 linear feet two such ground signs may be permitted. One additional ground sign may be permitted at a secondary entrance if it is not located on the same street as the primary entrance. Sign size, number of signs, and location shall be determined during site plan review. Maximum sign area is provided in "Table A" found in the following pages.
B. Within all residential zoning districts, only one ground sign shall be permitted at the primary entrance for the purpose of identifying a subdivision, site condominium, multiple family development, or mobile home park.
C. Within all residential zoning districts, only one ground sign shall be permitted per zoning lot for the purpose of identifying a non-residential special land use. One additional ground sign may be permitted at a secondary entrance if it is not located on the same street as the primary entrance. Size and location shall be determined during site plan review. Maximum area is provided in "Table A" below.
D. One freestanding identification sign stating the name of a business center and major tenants therein may be erected for a shopping center, office park, industrial park or other integrated group of stores, commercial buildings, office buildings or industrial buildings. The sign area shall not exceed one square foot per front foot of building or buildings for which it is erected; however, such signs shall not exceed 150 square feet in area. Such signs may be up to 20 feet in height. The size of such signs may be increased to 180 square feet in area if the maximum height is reduced to 15 feet and it does not obstruct views. If the lot fronts on two or more collector or arterial streets one such sign may be permitted for each frontage.
E. Within all CUP districts, the number and size and location of ground signs shall be determined by the intended use of the premises, subject to the review and approval of the city during CUP plan review.
F. Unless specified elsewhere in this ordinance all ground signs shall be set back a minimum of 15 feet from all road rights-of-way and shall be located no closer than 15 feet from the edge of the principal entrance driveway and all property lines.
G. The support structure for a ground sign shall not exceed 25 percent of the maximum permissible area of the sign measured by viewing the elevation of the sign perpendicular to the sign face, unless otherwise approved during the site plan review process.
H. Up to two incidental business signs (menu boards) shall be permitted for businesses with a drive-through component. Such signs shall not exceed 15 square feet in area per sign, per face and eight feet in height.
I. Electronic message board signs shall be permitted in all commercial zoning districts. An electronic message board sign shall be allowed as either a freestanding or wall-mounted sign. Such signs shall be allowed by permit subject to the following conditions:
1. The electronic display shall not be animated, flashing, or scrolling.
2. The frequency of message change shall be restricted to no more than once every 15 seconds.
3. The maximum area of an electronic message board shall be considered a part of a wall or freestanding sign and shall not exceed 50 percent of the total sign area as outlined in Table A and Table B below.
4. The maximum height of an electronic message board shall conform to the standards of this ordinance.
5. Glare and lighting created by electronic message board signs shall be in accordance with section 7.09.2.C.2. Electronic message board signs shall not be permitted when facing a residentially zoned parcel.
(2) Maximum height and area requirements for ground signs shall be applied within each zoning district according to the following schedule. The maximum height and area for ground signs within business centers are pursuant to paragraph D. above:
Table A - Ground Signs
| District | Max. Height (ft.) | Maximum Area (sq. ft.) | |
| Per Side | Total | ||
| R-1A | 6 | 18 | 36 |
| R-1B | 6 | 18 | 36 |
| R-1C | 6 | 18 | 36 |
| R-1 | 6 | 18 | 36 |
| R-2 | 6 | 18 | 36 |
| R-3A | 6 | 18 | 36 |
| R-3 | 6 | 18 | 36 |
| RMH | 6 | 18 | 36 |
| PB | 6 | 18 | 36 |
| OS | 8 | 25 | 50 |
| C-1 | 8 | 25 | 50 |
| C-2 | 15 | 25 | 50 |
| C-3 | 15 | 25 | 50 |
| C-4 | 15 | 25 | 50 |
| I-1 | 6 | 25 | 50 |
| I-2 | 6 | 25 | 50 |
| I-4 | 6 | 25 | 50 |
| SPA-1 | 15 | 25 | 50 |
(Ord. No. 718, § 2, 3-23-09)
Section 12.05. - Building signs.
(1)General requirements:
A.Within all non-residential zoning districts, a combination of building signs may be established not to exceed the maximum sign area per "Table B" for each zoning lot (for a single business). Signs for multiple tenant shopping centers shall not exceed one square foot of sign area per one lineal foot of building frontage per tenant.
B.Within all CUP districts, the number and size of building signs shall be determined by the intended use of the premises, subject to the review and approval of the city, during CUP plan review.
C.One projecting sign may be permitted for each first-floor business within the C-1 Central Area District. The projecting sign may be a maximum of eight square feet in area (each side) and shall be included in the total amount of signs permitted for the subject building. Changeable copy shall not be permitted as a part of projecting signs. Projecting signs must provide a clear distance of nine feet from the sidewalk or private drive or parking lot to the bottom edge of the sign. Projecting signs may extend over abutting sidewalk, but shall not extend over public or private roadways, or parking areas. Signs which extend into the road right-of-way shall require approval by the Michigan Department of Transportation (MDOT) and/or the city. The leading edge of a projecting sign shall not extend more than four feet from the face of the building that it is attached to.
D Channel letter signs are considered to be wall signs that are mounted so that the face of the letters are parallel to the building wall. Mounting regulations for channel letter signs, from wall to outermost face, are as follows:
1. Channel letters with transformers mounted inside the letters shall not extend more than 16 inches from the building wall.
2. Channel letters with remote transformers shall not extend more than 12 inches from the building wall.
3.Channel letters mounted on a raceway shall not extend more than 16 inches from the building wall.
4.Channel letter signs must provide a clear distance of nine feet from the sidewalk to bottom edge of the sign, but shall not extend over public or private roadways, or parking lots.
E. Fuel pump/dispensing signs not to exceed 2 s.f. in area per side. Due to potentially negative impacts to adjacent traffic and land uses, electronic fuel pump dispensing signs shall not be directly visible from adjacent public or private streets, or adjacent residentially used or zoned property. Any sound emitted from a fuel pump/dispensing sign shall not be audible from any adjacent property line.
(2) A cabinet flat wall sign shall not exceed more than 12 inches from the building wall. Other wall signs shall not exceed more than eight inches from the wall.
(3) Maximum area requirements for building signs shall be applied within each zoning district according to the following schedule:
Table B - Building Signs
| District | Area (s.f.) per One Foot of Building Frontage | Maximum Area in s.f. |
| PB | .5 | 50 |
| OS | 1 | 100 |
| C-1 | 1 | 100 |
| C-2 | 1 | 100 |
| C-3 | 1 | 100 |
| C-4 | 1 | 100 |
| I-1 | 1 | 100 |
| I-2 | 1 | 100 |
| I-4 | 1 | 100 |
| SPA-1 | 1 | 100 |
(Ord. No. 718, § 2, 3-23-09)
Section 12.06. - Outdoor advertising sign (off-site sign).
Outdoor advertising signs are permitted only in accordance with the following regulations:
(1) Outdoor advertising signs are permitted only on undeveloped and vacant unimproved lots in C-3, C-4, I-1, I-2, and I-4 districts, and shall be considered the principal use of such lots. Such signs shall not be placed on a lot with any other building thereon, and no structure shall be placed on a lot on which such sign is located.
(2) Where two or more outdoor advertising signs are located along the frontage of a street or highway, they shall not be less than 300 feet apart. A double-face (back to back) or a V-type structure where the interior angle of said "V" does not exceed 20 degrees shall be considered a single sign.
(3) The total surface area, facing in the same direction, of any outdoor advertising sign shall not exceed 300 square feet. Such signs may be single-face or double-face, but no such sign shall contain more than two faces, signs or panels.
(4) No outdoor advertising sign shall be more than 20 feet in height from ground level, provided, however, that the permitted height may be increased to a maximum of 40 feet by the zoning or code inspector, if it can be shown that excessive grades, building interference, bridge obstruction and similar conditions obstruct views of the sign.
(5) No outdoor advertising signs shall be erected on the roof of any building, nor have one sign above another sign.
(6) Such signs shall be setback a minimum 40 feet from any property line.
(7)No outdoor advertising sign shall be located within 500 feet of any residential district. No billboard may be erected within 500 feet of any park, playground, school, residential dwelling or church, or within 50 feet of any street.
(Ord. No. 718, § 2, 3-23-09)
Section 12.07. - Computations.
The following principles shall control the computation of sign area and sign height:
(1) The area of a sign face (which is also the sign area of a wall sign or other sign with only one face) shall be computed by means of the smallest square, circle, rectangle, triangle, or combination thereof that will encompass the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop of structure against which it is placed, but not including any supporting framework, bracing, or decorative fence or wall when such fence or wall otherwise meets zoning ordinance regulations and is clearly incidental to the display itself.
Where a sign has two or more faces, the area of all faces shall be included in determining the total area of the sign. A two-faced sign may include a "V" or "wing" type sign with the condition that the interior angle of the "V" not exceed 45 degrees to limit the visibility of the sign from a single viewing position. If the interior angle of the two-sided "V" type sign exceeds 45 degrees, the sign will be considered a single-sided sign and not a double sided sign for the purpose of calculating sign area.
(2) Computation of height. The height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of:
(1) Existing grade prior to construction or
(2) The newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign. In cases where the normal grade cannot reasonably be determined, sign height shall be computed on the assumption that the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of a public street or the grade of the land at the principal entrance to the principal structure on the zoning lot, whichever is lower.
(Ord. No. 718, § 2, 3-23-09)
Section 12.08. - Temporary signs.
Temporary signs shall be permitted in accordance with the regulations herein:
(1) Permit required. Unless specified elsewhere in this ordinance a permit shall be required to display any temporary sign described by these regulations. Such permit shall be issued by the city zoning or code inspector or designee and shall clearly specify the name, address and telephone number of the applicant as well as the title and dates of the event advertised and authorized location for placement of the sign. The permit number shall be clearly displayed on the sign. Permit fee, if any, is to be established by resolution of the city council.
(2) Authorization of exceptions. Any exceptions to these regulations require prior permission by the planning commission.
(3) Unilluminated on-site temporary. Real estate and development signs may be erected in accordance with the regulations of this ordinance:
A. Large tract residential development (more than two residential units). In all single-family or two family use areas, one sign for each public street advertising a recorded subdivision or development shall be permitted. Each sign shall not exceed 12 square feet in area. Such a sign may indicate only that the property is for sale or for rent and the address or telephone number where the inquiry can be made. It shall have a maximum height of six feet and shall be set back at least 20 feet from any street unless attached to the house. Each sign shall be removed after the sale of 90 percent of all lots or units within said subdivision or development or within two years after date of erection, whichever occurs first.
B. Residential districts. One temporary real estate "For Sale," "For Rent" or "For Lease" sign located on the property and not exceeding eight s.f. in area per side shall be permitted for each lot. If the lot or parcel has multiple frontages, one additional sign not exceeding eight s.f. per side in area shall be permitted on the property on each frontage. Under no circumstance shall more than two such signs be permitted on a lot or parcel. Such sign(s) shall be removed within seven days following sale, rental or leasing. Maximum height of such signs shall be six feet. A permit is not required for this type of sign.
C.Commercial and/or industrial districts. One temporary real estate "For Sale," "For Rent" or "For Lease" sign located on the property and not exceeding 32 square feet in area per side shall be permitted for each lot. If the lot or parcel has multiple frontages, one additional sign not exceeding 32 s.f. in area per side shall be permitted on the property on each frontage. Under no circumstance shall more than two such signs be permitted on a lot or parcel. Such sign(s) shall be removed within seven days following sale, rental or leasing. Maximum height of such signs shall be eight feet. A permit is not required for this type of sign.
D Temporary portable real estate directional sign, not exceeding three s.f. in area and four in number, saying "Open House" and/or showing a directional arrow and placed back of property lines outside the public right-of-way shall be permitted on approach routes to an open house, only for the day of the open house. The top of such signs shall not exceed three feet in height, nor may such signs be displayed for more than one day in any seven-day period. No such signs shall be placed on private property without the consent of the owner. A permit is not required for this type of sign.
(4) Political signs, subject to the following:
A. Signs advocating or opposing a candidate for public office or a position on an issue to be determined at the election, except as prohibited elsewhere in this ordinance, are permitted. Such signs must be removed within ten days following the election. Such signs shall not exceed six square feet in area per side in residential or professional business areas, or 16 square feet in area per side in all other areas. With a maximum four feet height to the top of the sign.
B. Political signs shall be permitted in the public right-of-way at the location of the voting place on the day of the election only. Such signs shall conform to state and federal election laws. Such signs shall not be placed in such positions as shall interfere with traffic sight lines. Such signs which do interfere with traffic sights shall be relocated on order of the city traffic engineer, or removed, if not so relocated as ordered.
C. Political messages on outdoor advertising signs are exempted from this section.
D. Nothing in this ordinance shall be construed so as to prohibit political signs, or other noncommercial advertising, on any sign on which commercial advertising is permitted.
(5) Other temporary signs which comply with the following regulations:
A. Casual sales signs (on or off-site) not to exceed six square feet per side. A permit is not required for this type of sign. Off-site casual sales signs are permitted with approval of the off-site property owner.
B. Institutional signs not to exceed 24 square feet on-site and 12 square feet off-site in area per side. Such signs shall be allowed no more than 14 days prior to the event or function when located "on-site" and must be removed within 48 hours after the event or function. If building mounted, these signs shall be flat wall signs and shall not project above the roof line. If ground-mounted, the top shall be no more than six feet above ground level. Such signs may be illuminated in accordance with this ordinance. Off-site signs for such events and functions are permitted when approved by the building and engineering department and may be allowed up to seven days prior to the event. Such "off-site" signs shall be removed within 48 hours after the event or function. The building and engineering department shall, as a part of approval, list the number, location and size of such off-site signs it is permitting.
C. Commercial activity signs not to exceed 16 square feet per side.
D. Signs intended to be utilized until a permanent sign may be obtained and erected can be approved by the building and engineering department for a period not to exceed 60 days. Such signs shall not exceed sign area permitted within the appropriate zones.
E. Upon approval of a final site plan one nonilluminated freestanding sign listing persons or firms connected with construction work being performed may be permitted upon application to the building and engineering department provided such signs are located on the property under construction. Such signs shall not exceed 32 square feet in area, a height of eight feet, and will be removed upon the completion of construction or after one year whichever comes first.
F. Signs six square feet per side in area or less and a maximum of four feet in height which list persons or firms connected with construction, maintenance, or service work being performed at the time, shall be permitted without permit. Such signs must be located on the property under consideration and must be removed upon completion of work on site.
G. Due to the unique nature of the C-1 central area zoning district (Downtown business district) portable sidewalk signs may be permitted subject to the following:
1. The maximum area of a sidewalk sign is six square feet per side with no dimension greater than three feet.
2. The sign shall be located on the building side of the sidewalk in such a manner that a pedestrian travel area width of five feet is maintained between the sign and any tree grate or other street elements along the curb side of the sidewalk.
3. The sign shall not unreasonably interfere with the view, access to, or use of adjacent property.
4. A sign permit is not required for each sidewalk sign displayed.
5. Sidewalk signs shall be removed after business hours.
6. Sidewalk signs within the road right-of-way shall require approval by the Michigan Department of Transportation (MDOT) and/or the city.
H. Window signs which occupy 20 percent or less of the total window area may be permitted without a permit. Signs which occupy greater than 20 percent of the total window area shall be prohibited and considered a violation of this ordinance.
I. Balloons less than 18 inches in diameter and/or length are permitted to announce a community or commercial event subject to the following:
1. Balloons are to be displayed only at the location of the community or commercial event.
2. Balloon displays shall not obstruct visibility of vehicles or pedestrians and be maintained at a maximum height of six feet above ground level.
J. One "Help Wanted" sign not exceeding eight square feet in area and six feet in height may be placed on the property of the business seeking to hire employees. Such sign shall not require a permit, but shall be removed seven days after employee is hired.
(6) Placement and duration of temporary signs. Unless specified elsewhere in this ordinance the placement and duration of temporary signs shall be regulated as follows:
A. No temporary sign shall be placed on public property or public rights-of-way unless it is advertising an event to be held on public property unless specified elsewhere in these regulations.
B. No temporary sign shall be placed on private property other than the location of the event unless permission is granted by the property owner.
C. All temporary signs shall be setback at least five feet from the back of the sidewalk, or 15 feet from the edge of the street when no sidewalk is present. Temporary signs must follow the clear vision requirements found in section 7.04 of the city zoning ordinance.
D. Duration of display. Unless specified elsewhere in this ordinance temporary signs may not be displayed more than seven consecutive days in any 30-day period.
(Ord. No. 718, § 2, 3-23-09)
Section 12.09 - Signs in the public right-of-way.
No signs shall be allowed in the public right-of-way, except for the following:
(1) Signs erected by or on behalf of a governmental or other public agency to post legal notices, identify public property, convey public information, and direct or regulate pedestrian or vehicular traffic.
(2) Projecting signs pursuant to the provisions of these regulations.
(3) Portable sidewalk signs pursuant to the provisions of these regulations.
(4) Banner signs pursuant to the provisions of these regulations.
(Ord. No. 718, § 2, 3-23-09)
Section 12.10. - Nonconforming existing signs.
(1) A nonconforming sign shall not:
A. Be structurally altered so as to prolong the life of the sign or so as to change the shape, size, type or design of the sign.
B. Be changed unless such change is in conformance with the provisions of this ordinance, except words or symbols displayed on such sign may be changed.
C. Be relocated or replaced.
D. Be reestablished after the activity, business or usage to which it relates has been discontinued for 90 days or longer except for seasonal business. In the case of a seasonal business such activity, business or usage to which the sign relates shall have been discontinued for a period of 270 days.
E. Be reestablished after damage or destruction if the estimated expense of reconstruction exceeds 60 percent of the replacement cost as determined by the zoning or code inspector.
(2) On the happening of (1), A.—C. above, the sign shall be immediately brought into compliance with this ordinance with a new permit secured thereto, or removed.
(3) Nothing in this section shall relieve the owner or user of the property on which a legal nonconforming sign is located from the provisions of this ordinance regarding safety, maintenance and repair of signs, provided, however, that any repainting, cleaning and other normal maintenance or repair of the sign or sign structure shall not modify the sign structure or copy in any way which makes it more nonconforming or the sign may lose its legal nonconforming status.
(Ord. No. 718, § 2, 3-23-09)
Section 12.11. - Authorized sign contractors.
Every person, before engaging or continuing in the business of erecting or repairing signs in the city, shall obtain an annual sign contractor license. To obtain said license the contractor shall first furnish the city a public liability insurance policy in the amount of $50,000.00 for injury to one person and $100,000.00 for injury to more than one person and property damage insurance in the amount of $25,000.00 for damage to property. Said license shall terminate upon the expiration of the insurance policy unless evidence of renewal is filed with the city clerk.
(Ord. No. 718, § 2, 3-23-09)
Section 12.12. - Liability for damages.
The provisions of this ordinance shall not be construed to relieve or limit in any way the responsibility or liability of any firm, person or corporation which erects or owns any sign for personal injury or property damage caused by the sign; nor shall the provisions of this ordinance be construed to impose upon the city, its officers or its employees any responsibility or liability by reason of the approval of any sign under the provisions of the ordinance.
(Ord. No. 718, § 2, 3-23-09)
Section 12.13. - Removal of signs.
(1) The zoning or code inspector or designee shall order the removal of any sign erected or maintained in violation of this ordinance except for legal non-conforming signs. Notice in writing shall be given to the owner of such sign or of the building, structure, or premises on which such sign is located, to remove the sign or bring it into compliance with the ordinance. Failure to remove the sign or to comply with this notice shall be considered a municipal civil infraction and shall be subject to all processes thereof. The city shall also remove the sign immediately and without notice if it reasonably appears that the condition of the sign is such as to present an immediate threat to the safety of the public. Any cost of removal incurred by the city shall be assessed to the owner of the property on which such sign is located and may be collected in the manner of ordinance debt or in the manner of taxes and such charge shall be a lien on the property.
(2) A sign shall be removed by the owner or lessee of the premises upon which the sign is located within 30 days after the business which it advertises is no longer conducted on the premises. If the owner or lessee fails to remove the sign, the city shall remove it in accordance with the provisions stated in paragraph 12.13(1), preceding. These removal provisions shall not apply where a subsequent owner or lessee conducts the same type of business and agrees to maintain the signs to advertise the type of business being conducted on the premises and provided the signs comply with the other provisions of this ordinance.
(Ord. No. 718, § 2, 3-23-09)
Section 12.14. - Construction specifications.
Compliance with building code. All signs shall comply with the appropriate detailed provisions of adopted city building codes relating to design, structural members and connections. Signs shall also comply with the provisions of the applicable electrical code and additional construction standards hereinafter set forth in this article.
(Ord. No. 718, § 2, 3-23-09)
Section 12.15. - Construction of signs, auxiliary specifications.
(1) Obstruction to exits. No sign shall be erected, constructed or maintained so as to obstruct any fire escape, required exit, window or door opening used as a means of egress.
(2) Obstruction to ventilation. No sign shall be attached in any form, shape or manner which will interfere with any opening required for ventilation, except that such signs may be erected in front of and may cover transom windows when not in violation of the provisions of the building or fire prevention codes.
(3) Clearance from high-voltage power lines. Signs shall be located in such a way that they maintain horizontal and vertical clearance of all overhead electrical conductors in accordance with National Electrical Code specifications, depending on voltages concerned. However, in no case shall a sign be installed closer than 24 inches horizontally or vertically from any conductor or public utility guy wire.
(4) Drainage. The roofs of all marquees exceeding 40 square feet shall be properly guttered and connected with down spouts to storm sewers so that water will not drip or flow into public sidewalks or streets.
(5) Freestanding signs. All freestanding sign structures or poles shall be self-supporting structures erected on and permanently attached to concrete foundations. Such structures or poles shall be fabricated only from painted steel or such other materials as will meet adopted city building codes.
(6) Electric signs. All electric signs shall be approved and labeled as conforming to the standards of the United States Bureau of Standards, the Underwriters' Laboratories, Inc., or other similar institutions of recognized standing. The full number of illuminating elements thereof shall be kept in satisfactory working condition or immediately repaired or replaced. Signs that are only partially illuminated shall meet all electrical requirements for that portion directly illuminated. All electric signs shall have a disconnecting switch located in accordance with the provisions of the safety code.
(7) Glass. When glass is used for sign letters or transparent panels it shall be at least double-strength thickness for sign areas up to and including 300 square inches. When glass is used for sign letters or transparent panels for sign areas in excess of 300 square inches at least one-quarter-inch wire glass shall be used and the maximum span between supports shall be four feet.
(8) Strength of parapet wall. A wall must be designed for and have sufficient strength to support any sign which is attached thereto.
(9) Supports and braces. Metal supports or braces shall be adequate for wind loading, as required in subparagraph A. following. Wire or cable supports shall have a safety factor of four. All metal, wire cable supports and braces and all bolts used to attach signs to bracket or brackets and signs to the supporting building or structures shall be of galvanized or of an equivalent material. There shall be no visible angle irons or unsightly supports. All such sign supports shall be an integral part of the sign.
(10) Wind loads. All signs, except those attached flat against the wall of a building, shall be constructed to withstand wind loads as follows:
A. For solid signs, 30 pounds per s.f. on one face of the sign.
B. For skeleton signs, 36 pounds per s.f. of the total face area of the letters and other sign surfaces, or ten pounds per s.f. of the glass area of the sign as determined by the overall dimensions of the sign, whichever is greater.
(11) Sign anchoring. No sign shall be suspended by chains or other devices that will allow the sign to swing due to wind action. Signs shall be anchored to prevent any lateral movement that would cause wear on supporting members or connections.
(12) All signs shall be so placed as to not interfere with the visibility or effectiveness of any official traffic sign or signal; driver vision at any access point or intersection; or, pedestrian movement on any public sidewalk or safety path.
(13) No sign shall be erected, relocated or maintained so as to obstruct fire fighting or prevent free access to any door, window or fire escape.
(Ord. No. 718, § 2, 3-23-09)
(1) Any of the following shall be a violation of this ordinance:
A. To install, create, erect, or maintain any sign in a way inconsistent with the terms of this ordinance or that is inconsistent with any plan or permit governing such sign or the zoning lot on which the sign is located;
B. To install, create, erect, or maintain any sign requiring a permit without such a permit;
(2) Each sign installed, created, erected, or maintained in violation of this ordinance shall be considered a separate violation.
(3) Unless specified elsewhere in this ordinance any signs placed within a road right-of-way (ROW) and on utility poles will be considered a violation of this ordinance and may be removed by the city at the expense of the owner.
(Ord. No. 718, § 2, 3-23-09)
Knowing and willful violation of the provisions of this ordinance shall be a municipal civil infraction. Enforcement of this ordinance may proceed through the municipal civil infraction process. Each day that such violation continues after receipt of written notice to remove a sign shall be deemed a separate offense. Violation of these regulations shall result in a revocation of the subject sign permit.
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