ARTICLE X. SIGNS AND OUTDOOR ADVERTISING1
40-943. Intent and scope of regulations.
It is the purpose of this article to permit and to establish regulations for the use of signs and other outdoor advertising in the township. Through the requirements of this article, it is intended that signs and outdoor advertising will:
(1) Have minimal impact on the scenic and natural beauty of the township;
(2) Create more visually attractive nonresidential districts;
(3) Reduce distractions that have the potential to interfere with the orderly flow of traffic and endanger public health and/or safety; confuse or mislead traffic; or obstruct vision necessary for both traffic and pedestrian safety;
(4) Reduce safety hazards caused by signs over-hanging or projecting over rights-of-way;
(5) Avoid the negating effect of adjacent signs and prevent the placement of signs in a manner that will conceal or obscure other signs on adjacent sites;
(6) Prevent an excessive accumulation of signs that cause visual clutter and have an adverse effect upon the aesthetic character of the zoning district in which they are located and upon the overall aesthetic character of the township;
(7) Maintain neighborhood character and retain the value of surrounding properties;
(8) Keep the number of signs and sign messages to a minimum number that is reasonably necessary to identify a business and its products;
(9) Foster a reasonable scale with respect to the buildings or property to which they relate;
(10) Avoid conflict among business, residential and public land uses.
(Ord. No. 147-43, § 15.001, 12-15-2003)
40-944. Exempt signs.
The following signs shall be exempt from the permit requirements of this article. Exemptions shall not be construed as relieving an exempt sign from the responsibility of complying with applicable requirements stated in this section. The exemption shall apply to the requirements for sign permit only. Should the sign fail to comply with any stated requirement, it shall be considered obsolete and a nuisance. No sign permit shall be required for the erection of the following exempt signs:
(1) Minimal size. Any size in any zoning district with an area of one square foot or less, not to exceed one sign per premises.
(2) Historic designation. Historic signs designating sites recognized by the state historical commission or local governmental body or agency.
(3) Regulatory. Signs of a duly constituted governmental body, including traffic or similar regulatory devices, legal devices or warnings at railroad crossings.
(4) Building markers. Building markers, memorial tablets or similar signs.
(5) Governmental. Signs required to be maintained by law or governmental order, rule or regulation; provided that they do not exceed 48 square feet.
(6) Directional. Signs directing traffic on private property, but bearing no advertising matter or signs displayed for the direction or convenience of the public, including signs that identify rest rooms, location of public telephones, public entrances, freight entrances or the like, with a total surface area that does not exceed six square feet per sign on any lot or parcel.
(7) Yard sale. Yard sale signs, provided that no person shall attach in any way posters, notices or advertisements to utility poles, meter posts or trees in or along any street right-of-way within the township; and provided further that no person shall put up any notice upon any building, wall or fence or on the property of another person without having first obtained the written consent of the owner of such property. The maximum time limit for all yard sale signs is three consecutive days within six calendar months.
(8) Gasoline sale. Gasoline price signs, subject to the review and approval of the planning commission through the site plan review process stated in article II, division 2 of this chapter. In no instance shall the total sign area for approved gasoline price signs exceed 12 square feet. At gasoline stations, corporate identification signs of less than ten square feet each, attached directly to a canopy providing coverage to pump islands, shall be subject to the review and approval of the planning commission through the site plan review process as stated in article II, division 2 of this chapter.
(9) Window. Signs painted on, or affixed to, glass surfaces of windows or doors and pertaining to and identifying only the lawful business conducted therein.
(10) Murals. Wall murals and similar graphics not used for commercial purposes.
(11) Political. Nonilluminated temporary signs promoting political parties, candidates or proposals. Political signs are to be removed within three days after the completion of election activities. Signs in place beyond three days are declared to be abandoned and obsolete. Temporary political signs in residentially zoned areas shall not exceed six square feet in total for all signs so provided per each lot.
(12) Religious. Special religious displays erected on church property and that are traditionally used for holidays and public announcements.
(13) Site development. Signs that are part of a site development approved by the planning commission are exempt.
(14) Real estate. One temporary sign advertising the rent, sale or lease of the lot or building not exceeding six square feet in area on any one lot. Such sign shall not be placed in the public right-of-way and shall be removed within 30 calendar days from the date such land or building is rented, leased and/or sold.
(15) Decorative display. Special decorative displays or signs used for holidays, public announcements or promotion of civic welfare, patriotic or charitable purposes when not used for a commercial purpose (see section 40-951(a)).
(Ord. No. 147-43, § 15.002, 12-15-2003)
40-945. Prohibited signs.
The following signs are expressly prohibited in any zoning district in the township:
(1) Any sign that copies or imitates or in any way approximates an official highway sign or carries the words "stop" or "danger;" or any sign that obscures a sign displayed by public authority for the purpose of giving traffic instruction or direction or other public information.
(2) Any sign that displays flashing or intermittent lights or lights of changing degrees or intensity unless each interval in the cycle is five seconds or more and the sign does not constitute a traffic hazard.
(3) Any sign that obstructs any window or door opening used as a means of egress or prevents free passage from one part of a roof to any other part thereof. A sign that interferes with an opening required for legal ventilation.
(4) A sign or illumination that causes any direct glare into or upon any building other than the building to which the sign may be accessory.
(5) Except as may otherwise be provided in this article, no sign or any portion thereof shall be permitted that moves or assumes any motion constituting a nonstationary condition except currently licensed vehicles and trailers that have painted upon them in a permanent manner the name and address of the owner.
(6) Signs that are considered abandoned or obsolete.
(7) Signs that are of a size, location, content, coloring or manner of illumination that may be confused with or construed as a traffic control device, or that hide from view any traffic, or street signs or signals that obstruct the view in any direction at a street or road intersection.
(8) Signs that contain statements, words or pictures of an obscene, pornographic or immoral character.
(9) Signs that are painted on or attached to any fence or any wall that is not structurally a part of a building, except to identify a residence in compliance with section 40-948
(10) Signs that emit sound, odor or visible matter.
(11) Roof or projecting signs not otherwise permitted in this article.
(12) Exterior string lights used in connection with a commercial activity, other than holiday decoration.
(13) Any sign that extends above any parapet or other architectural feature. For purposes of this requirement, roof surfaces constructed at an angle of 75 degrees or more from horizontal shall be regarded as wall space. This subsection shall not apply to noncommercial displays, including lighting, erected in connection with the observation of holidays on the roofs of residential structures.
(Ord. No. 147-43, § 15.003, 12-15-2003)
40-946. Sign permits.
(a) Permit required. Except for a sign allowed as an exempt sign in section 40-944, a sign permit shall be secured from the building official prior to the erection or structural alteration of a sign.
(b) Application information. Applications for sign permits shall be made upon forms provided by the building official and shall contain or have attached thereto the following information:
(1) Name, address and telephone number of the applicant.
(2) Location of the building, structure or lot to which or upon which the sign or other advertising structure is to be attached or erected.
(3) Position of the sign or other advertising structure in relation to nearby buildings or structures.
(4) Three blueprints or ink drawings of the plans and specifications and methods of construction and attachment to the building or in the ground.
(5) Name of the person, firm, corporation or association erecting the structure.
(6) Written consent of the owner of the building, structure or land to which or on which the structure is to be erected.
(7) Any electrical permit required and issued for said sign. Application requesting the electrical permit for the proposed sign must accompany the signed application for a sign permit.
(8) A permit from the county road commission or the state department of transportation (MDOT) shall accompany the sign application in instances when a proposed sign would encroach or otherwise extend into county or state road right-of-way.
(9) Such other information as may be required to show full compliance with township ordinances.
(c) Fees. Every applicant, before being granted a permit hereunder, shall pay to the township a permit fee for each sign or other advertising structure regulated by this chapter as established by resolution of the township board. A portion of the permit fee required for portable signs shall be refunded to the permitee upon compliance with the provisions of this article. Refunds shall be made in accordance with the fee schedule established by the township board.
(d) Permit review. It shall be the duty of the building official, upon receiving an application for a sign permit, to examine such plans and specifications and other data and the premises upon which it is proposed to erect the sign or other advertising structure, and if it appears that the proposed structure is in compliance with all the requirements of this article and all other laws and ordinances of the township, he shall then issue the sign permit. If the work authorized under a sign permit has not been completed within 12 months after date of issuance, the permit shall become null and void.
(Ord. No. 147-43, § 15.004, 12-15-2003)
40-947. Computations.
The following principles shall control the computation of the sign face and sign height:
(1) Sign face. The area of a sign face (that 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 or 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.
(2) Multifaced signs. The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces visible from any one point. When two identical sign faces are placed back-to-back, so that both faces cannot be viewed from any point at the same time, and when such sign faces that are part of the same sign structure and are not more than 24 inches apart, the sign area shall be computed by the measurement of one of the faces.
(3) 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:
a. Existing grade prior to construction; or
b. The newly established grade after construction, exclusive of any filling, berming, mounding or excavating solely for the purpose of locating the sign.
In cases in which 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. 147-43, § 15.005, 12-15-2003)
40-948. Signs allowable in residential zoning districts.
Subject to the permit requirements of section 40-946 and in compliance with stated conditions, the following signs shall be allowed in the residential zoning districts of the township:
(1) Residential development identification signs. Permanent residential development identification signs indicating only the name of the development and the management/developer thereof, subject to all of the following:
a. The residential development identification signs shall be monument signs.
b. No more than one residential development sign is allowed for each major point of vehicular access to development.
c. Residential development signs shall not exceed 50 square feet in gross surface area for each exposed face nor exceed an aggregate gross surface area of 100 square feet for the combined surface area of all sign faces.
d. Residential development identification signs shall not project higher than six feet, as measured from ground level or grade of the nearest adjacent roadway, whichever is higher.
e. Residential development identification signs may be located in any required yard but shall not extend over any lot line nor within ten feet of any point of any public right-of-way. The location and arrangement of all residential development signs shall be subject to the review and approval of the planning commission. No residential development identification sign is allowed within a public right-of-way.
f. One temporary freestanding residential development sign in accordance with the requirements and provisions of section 40-951
(2) Individual residential property signs.
a. Nameplate. One unlighted nameplate identifying the name of the occupant not to exceed two square feet in area. The nameplate shall be attached flat against the front wall of the building.
b. Home occupation. One unlighted sign not to exceed one square foot attached flat to the building identifying an allowable home occupation.
Unless otherwise provided in this article, the maximum sign surface area permitted on any lot in any residential district is two square feet.
(3) Public/semipublic identification signs. Two wall signs or two monument signs, or combination thereof, identifying a park, school, church, public building, other authorized use or lawful nonconforming use, each not exceeding 32 square feet in area and six feet in height. The sign shall be placed no closer to the street right-of-way line than one-third the minimum authorized front yard depth. All wall signs shall be attached to, and shall be parallel to, the wall of the building.
(4) Residential development sign. One temporary freestanding residential development sign advertising a recorded subdivision or development subject to all of the following requirements:
a. Maximum of 32 square feet in area;
b. Maximum of eight feet in height;
c. Shall be placed at least one-third of the minimum required front yard depth from any street right-of-way; and
d. Shall be removed upon the issuance of a temporary or final certificate of occupancy for 76 percent of the dwelling units within the development.
(Ord. No. 147-43, § 15.006, 12-15-2003)
40-949. Signs allowable in nonresidential zoning districts.
(a) General conditions for nonresidential signs.
(1) Number of signs permitted. Except as may be otherwise provided herein, there shall not be more than two signs allowed for any one business with frontage on a single public street or three signs allowed for a business or planned grouping of structures with frontage on more than one public street. Any business with a rear customer entrance is permitted one additional wall sign at said entrance with a maximum area of eight square feet.
(2) Maximum sign surface. Subject to the other provisions of this article, the maximum sign surface area permitted on any zoning lot in a nonresidential district shall be determined as follows:
a. The maximum sign surface area shall not exceed a total of one square foot of sign surface area per linear foot of lot street frontage up to a maximum 200 feet of frontage.
b. If a lot has frontage on more than one major thoroughfare, then the total sign surface area permitted on that lot shall be the sum of the sign surface area allotments related to each street on which the lot has frontage. However, the total sign surface area that is oriented toward a particular street may not exceed the portion of the lot’s total sign surface area allocation that is derived from frontage on the street.
(3) Changeable copy signs. Unless otherwise specified by this article, any sign herein allowed may use manual or automatic changeable copy.
(b) Design requirements.
(1) Architectural features. All signs shall be placed in a manner that does not obstruct or intrude upon architectural features of a building.
(2) Materials. Sign materials shall complement the original construction materials and architectural style of the building facade.
(c) Illumination.
(1) General requirements. Signs may be illuminated only by steady, stationary, shielded light sources using approved electrical devices directed solely at the sign, or internal to it.
(2) Timer controls. Each illuminated sign shall be equipped with a functional timer control. No sign shall be illuminated after 10:00 p.m. or one-half hour following the close of the business day, whichever is later. No sign shall be illuminated before 6:00 a.m., or one-half hour prior to the beginning of the business day, whichever is earlier.
(3) Nonglare, shielded lighting. Use of glaring undiffused lights or bulbs shall be prohibited. Lights shall be shaded and/or shielded so as not to project onto adjoining properties or thoroughfares.
(4) Traffic hazard. Sign illumination that could distract motorists or otherwise create a traffic hazard shall be prohibited.
(5) Bare bulb illumination. Illumination by bare bulbs or flames is prohibited.
(d) Placement.
(1) Public right-of-way. No sign shall be located within, project into or overhang a public right-of-way, except as otherwise allowed herein.
(2) Setbacks. All signs shall comply with the setback requirements for the zoning district in which they are located as stated in this chapter, except as otherwise allowed herein.
(3) Measurement. The following guidelines shall be used to determine compliance with setback and distance measurements:
a. The distance between two signs shall be measured along a straight horizontal line that represents the shortest distance between the two signs.
b. The distance between a sign and a property line shall be measured along a straight horizontal line that represents the shortest distance between the sign and the property line.
c. The distance between a sign and a parking lot or building shall be measured along a straight horizontal line that represents the shortest distance between the outer edge of the parking lot or building.
(4) Fastenings. All signs must be erected in such a manner and with such materials to remain safe and secure during the period of use and all bolts, cables and other parts of such signs shall be kept painted and free from corrosion. No sign may be placed upon a tree or utility pole, except signs of a unit of government or utility.
(5) Support location No pole, cable or support of any nature shall be placed on any publicly-owned property, street right-of-way or proposed street right-of-way.
(6) Proximity to electrical conductors. No sign shall be erected so that any part including cables, guys, etc., will be within ten feet of any electrical conductor, electric light pole, street lamp, traffic light or other public utility pole or standard.
(7) Sanitation. Property surrounding any ground sign shall be kept clean, sanitary and free from obnoxious and offensive substances, free from weeds, rubbish and flammable material.
(8) Safety triangle. No sign shall be located within, project into or overhang the triangular area formed at the intersection of any two street right-of-way lines (existing or proposed) by a straight line drawn between said right-of-way lines at a distance along each line of 25 feet from their point of intersection.
(e) Code compliance. All signs shall be designed to comply with minimum wind pressure and other requirements set forth in the state construction code. Signs with electrical connections shall comply with electrical code requirements, including the application, inspection and approval of an electrical permit.
(f) Allowable signs. Subject to the permit requirements of section 40-946 and compliance with stated conditions, the following signs shall be allowed in the nonresidential zoning districts of the township:
(1) Wall signs.
a. Flat wall signs may not project above the roof or parapet line and may not project more than 14 inches beyond the face of the wall of the building or other architectural feature. Wall signs shall be attached to, and be parallel to, the wall of the building.
b. Wall signs shall be limited to one wall sign per business for each wall having an individual means of access. The maximum size of any such sign shall not exceed 50 percent of the building facade or 100 square feet, whichever is less.
c. Where several tenants may utilize a common public entranceway, a common wall sign shall be permitted, provided that any such sign shall not exceed 50 percent of the building facade or 100 square feet in area for all tenants listed, whichever is less.
d. Painted wall signs are subject to the review and approval of the planning commission and the following design standards:
1. The appearance, color, texture and materials being used will not negatively impact property values in the immediate vicinity.
2. The appearance of the sign will not detract from the general harmony of the immediate area and is compatible with the structures of the development and other structures existing in the immediate vicinity.
3. The appearance of the sign will not be offensive to the sense of sight to passersby.
e. In no circumstance shall the surface area of any sign located on a wall of a structure exceed 50 percent of the total surface area of the wall on which the sign is located.
(2) Freestanding signs.
a. Except as authorized by this section, no development may have more than one freestanding sign.
b. If a development is located on a corner lot that has at least 100 feet of frontage on each of the two intersecting public streets, then the development may not have more than one freestanding sign along each side of the development fronted on such streets.
c. If a development is located on a lot that is bordered by two public streets that do not intersect at the lot’s boundaries (double frontage lot), then the development may not have more than one freestanding sign on each side of the development bordered by such streets.
d. Except as may otherwise be provided in these regulations, the maximum surface area of a freestanding sign shall be determined as follows:
1. A maximum of 50 square feet of surface area is allowed if the lot on which the sign is located has less than 200 feet of lot frontage on the street toward which that sign is primarily oriented.
2. A maximum of 75 square feet in surface area is allowed on lots with 200 or more, but less than 400 feet of lot frontage.
3. A maximum of 100 square feet in surface area is allowed on lots with 400 or more feet of frontage.
e. Monument signs may be substituted for an equal number of freestanding signs. In such cases, monument signs may be increased in area by 20 percent.
f. 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 linear front foot of the building for which it is erected. No such sign shall exceed 200 square feet in area. If the lot fronts on two or more collector or arterial streets, one such sign may be permitted for each frontage. Individual freestanding signs shall be prohibited where tenants of a business center are location within a single building.
g. Except as may otherwise be provided herein, freestanding and monument signs shall be set back a minimum of three feet back of the property line, except that signs shall not be located closer than a distance equal to its height to an abutting residential district.
h. Freestanding signs shall not be located any closer than ten feet to a building wall.
(3) Canopy signs.
a. Canopies shall not project more than eight feet beyond a building facade or other architectural feature nor be closer than six feet to the curbline, or 18 feet from the pavement edge in case the pavement is not curbed.
b. No canopy may project over a public road or public right-of-way.
c. A minimum under clearance of eight feet shall be maintained.
d. Canopies hereafter erected shall, whenever practicable, match the established underclearance, height and projection of canopies that exist on abutting parcels.
(Ord. No. 147-43, § 15.007, 12-15-2003)
40-950. Off-premises signs.
(a) General requirements for off-premises signs. Any off-premises sign shall comply with the following requirements:
(1) Special use in zoning districts. The erection and commercial for profit operation of any off-premises sign or billboard in nonresidential zoning district, other than the I-L light industrial and I-H heavy industrial districts abutting freeways, shall require special use approval per section 40-79, conditioned upon the terms of this section, state law and other township ordinances or codes. Following the approval of a special use, a sign permit may be granted, subject to compliance with all of the standards contained within this section.
(2) Allowable zoning districts. Off-premises signs or billboards are allowed as a principal use subject to special use approval in nonresidential zoning districts abutting freeways on a premises where no other principle structure exists. The sign must be constructed to be visible principally from the freeway and not from auxiliary roadways, side streets, traffic intersections or residential areas.
(3) Location. An off-premises sign or billboard shall be constructed so that its principal view is fully screened from an interchange area involving merging traffic. Any off-premises sign or billboard shall comply with both of the following:
a. The billboard shall be located at least 500 feet from any residentially zoned area, historic district or outdoor park/recreational facility; and
b. The premises must have a roadway easement to a nonfreeway primary or secondary road such that the persons maintaining and servicing the sign may reach the site without danger from high speed traffic.
(4) Billboard construction details. A billboard shall be constructed according to building codes and zoning regulations adopted by the township that may apply to it and its surrounding premises.
(5) Height. A billboard shall comply with all of the following height requirements:
a. The billboard shall be a maximum of 40 feet in height above the median ground level within a 500 feet radius of the site;
b. The billboard shall be prohibited from:
1. Extending above the tree line or horizon when viewed from any portion of the roadway that it faces;
2. Being located on or over the roofs of buildings; and
3. Projecting over any public easement or right-of-way.
(6) Surface display area. A billboard shall not exceed the state department of transportation (MDOT) specifications for surface display area and shall be limited to two faces. Faces may not be joined horizontally or vertically.
(7) Spacing and setbacks. A billboard shall not exceed MDOT specifications for spacing and setback requirements.
a. There shall be a minimum of 100 feet between any off-premises advertising sign and any allowable on-premise sign; and
b. The billboard shall be at least 500 feet from any park, school, church, hospital, cemetery or government building.
(8) Setback. Off-premises signs or billboards shall comply with all minimum setback requirements for a structure in the zoning district in which they are located.
(9) Sign face limitations. A billboard shall be prohibited from having moving, flashing, oscillating or other distracting parts visible to drivers or vehicles.
(10) Colors. Billboard colors used shall be natural to the area’s vegetation, waters or sky and shall not include fluorescent or brilliant shades that may be distracting, except that company log colors may be used if the logo does not exceed five percent of the face area of the sign when including these fluorescent or brilliant colors.
(11) Illumination. A billboard may be illuminated subject to all of the following requirements:
a. Illumination must be directed in such a manner that all incidental light generated falls on the sign face;
b. All lights must be shielded such that the light is not visible to traffic or surrounding homes, businesses or vegetation;
c. The intensity of the lighting shall be low enough and a color such that the reflected lights from the sign does not create a traffic hazard nor interfere with the normal vegetation growth on the billboard site; and
d. Billboards within view of any residential structure or residentially zoned property may not be illuminated between the hours of 10:00 p.m. and 6:00 a.m.
(12) Landscaping. The billboard site shall be planted with low growing shrubbery in front of and at the road end of the sign, and evergreen trees shall be planted behind the sign such that the framework or superstructure of the sign is generally not readily visible to passing traffic.
(13) Temporary nonuse. Any off-premises sign or billboard not in use for commercial purposes shall have such unused surface display a scenic view consistent with the township scenery or a public service display.
(14) Identification plate. The framework, foundations or superstructure of the billboard shall have a metal identification plate firmly attached thereto.
(15) Maintenance and unsafe conditions. Any billboard that collapses, topples or disintegrates shall be made safe or the site shall be cleared of the debris within 30 calendar days.
(b) State compliance required. All billboards shall comply with all requirements and conditions of the Highway Advertising Act, Public Act No. 106 of 1972 (MCL 252.301 et seq.).
(Ord. No. 147-43, § 15.008, 12-15-2003)
40-951. Temporary signs requiring permit.
(a) Commercially oriented decorative displays. Special decorative displays or signs used for holidays, public announcements or promotion of civic welfare or charitable purposes when said display is located on commercially zoned property and is used for a commercial purpose shall be reviewed by the building official for a permit. In considering an approval for a permit, the building official shall consider the following standards:
(1) The size, character and nature of the display or sign shall consider the proposed site of display for proper scale and relationship with the site and adjoining properties.
(2) The duration or time period during which the display or sign will be utilized shall coincide with the purpose for which it was approved.
(3) The purpose for which the sign display is to be erected.
(4) The arrangements made for the removal of the sign or display after the termination of its usefulness.
(5) The effect of the proposed sign or display on light and air circulation for lots that are both adjoining and in the surrounding neighborhood of the proposed sign or display.
(6) Whether or not the sign or display will constitute a traffic hazard.
(7) Prior to the erection or establishment of special displays or promotions authorized under this part, an application for a permit must be filed with the building official unless otherwise exempt under section 40-944
(b) Construction signs. Construction signs are signs showing names of building contractors, professional firms and lending institutions on nonresidential sites under construction, not exceeding 20 square feet in area and four feet in height, and are not located nearer than ten feet to a public right-of-way. The sign shall be confined to the site of the construction, construction shed or trailer and shall be removed within 14 days of completion of the project. The planning commission shall review construction signs during site plan review procedures as stated in article II, division 2 of this chapter.
(c) Portable signs. Nonilluminated portable signs are permitted for up to two special events per year, such as grand openings, fairs and festivals, and announcement of new products, service or management, including the event period, provided that the following conditions are met:
(1) The portable sign does not exceed 32 square feet in area on any side.
(2) The portable sign is not located closer than five feet to a street right-of-way.
(3) No portable sign shall exceed ten feet in height.
(4) No portable sign shall be located in such a manner as to interfere with vehicular or pedestrian traffic flow or visibility.
(5) Portable signs shall be limited to 15 days per event period.
(6) Prior to the establishment of a portable sign, an application for a permit shall be filed, accompanied by any requisite processing fees that may be established by township board resolution, with the building official.
(d) Business opening signs. Except as otherwise provided, banners, search lights, twirling signs, sandwich board signs, sidewalk or curb signs, aerial balloons or other gas filled figures are prohibited except at the opening of a new business in a commercial or industrial district, for a period not to exceed 30 consecutive days. For the purpose of this article, a new business shall be characterized by a change of land use, business type or change of ownership or management.
(e) Banners.
(1) Street banners advertising a public entertainment or event may be displayed 14 days prior to and through the completion of such event. Street banners shall be removed within seven days following such event.
(2) Banners and pennant displays shall be permitted for retail establishments only to call attention to a sale or promotion. Said permitted display shall not exceed a period of 30 consecutive calendar days. No more than three banner and pennant displays shall be permitted for any business during a period of 365 days.
(Ord. No. 147-43, § 15.009, 12-15-2003)
40-952. Sign maintenance.
(a) Maintenance of signs. All signs for which a permit is required and all related supports shall:
(1) Be maintained in compliance with the plans and specifications filed and approved for issuance of the construction permit;
(2) Remain in a safe condition;
(3) Comply with adopted building and mechanical codes; and
(4) At all time conform to all the provisions of this chapter.
(b) Responsibility for compliance. The owner of any real property on which a sign is located is responsible for the permit, erection, inspection, safety, condition and removal of a sign and the area in the vicinity thereof.
(c) Inspection of new signs. All signs for which a permit has been issued shall be inspected by the building official when erected. Approval shall be granted only if the sign has been constructed in compliance with the approved plans and applicable standards of township ordinances and codes.
(d) Inspection before enclosure. In cases where fastenings or anchorages are to be eventually bricked in or otherwise enclosed, the sign erector shall advise the building official for inspection prior to enclosure.
(e) Inspection of existing signs. Enforcement officials from the township may, at such times as deemed necessary, inspect any sign allowed under this section, and if upon inspection a sign is found to be unsafe or in a condition that does not comply with all the provisions of this chapter, the building official shall give notice of such condition to the owner for such sign and cause to be made the necessary repairs or alterations, or remove the sign.
(f) Correction of defects.
(1) If the township enforcement official shall find that any sign is unsafe or unsecured, or is a menace to the public, he shall provide written notice to the owner of the premises on which such sign is located.
(2) Correction of the condition that caused the enforcement official to give such notice shall be effected within ten days after receipt of the notice. If such condition is not corrected after the conclusion of such ten day period, the enforcement official is hereby authorized to cause the sign to be removed forthwith at the expense of the owner. Notwithstanding the foregoing provision, the building official is authorized to cause any sign to be removed summarily and without notice, at the expense of the owner of the premises on which such sign is located, whenever he determines that such sign is an immediate peril to persons or property.
(g) Removal of obsolete signs. Any sign that no longer identifies a business that is in operation, or identifies an activity or event that has already occurred shall be considered abandoned and shall be removed by the owner of the property within 30 calendar days of the cessation of operation.
(1) Responsibility. The owner of the property shall be responsible for removal of all signs and sign faces used in conjunction with a business upon vacation of a commercial or industrial establishment.
(2) Pending occupancy. Where a sign structure and frame can typically be reused by a new occupant in a leased or rented building, the building owner shall not be required to remove the sign structure and frame in the interim periods when the building is not occupied.
(3) Abandoned message. If the message portion of a sign is removed or damaged, leaving only the supporting shell or structure of a sign, the owner of the property where the sign is located shall require that within 30 calendar days, either:
a. The message portion of the sign be repaired or replaced; or
b. All remaining components of the sign be dismantled and removed.
This subsection shall not be construed to alter the effect of section 40-953 that prohibits the replacement of a nonconforming sign, nor shall this subsection be construed to prevent the changing of the message of a sign.
(Ord. No. 147-43, § 15.010, 12-15-2003)
40-953. Nonconforming signs.
(a) Continuance. Any sign lawfully existing at the time of the adoption of this article that does not fully comply with all provisions shall be considered a legal nonconforming sign and may be permitted to remain as long as the sign is properly maintained and not detrimental to the health, safety and welfare of the community except as herein provided.
(b) Allowed modifications. A nonconforming sign shall not be altered or reconstructed, unless the alteration or reconstruction is in compliance with the provisions of this section. For the purpose of this section only, the term "altered" or "reconstructed" shall exclude any of the following:
(1) Normal maintenance;
(2) Changing of surface sign space to a lesser or equal area;
(3) Ornamental molding, frames, trellises or ornamental features or landscaping below the base line;
(4) The addition, construction, installation or changing of electrical wiring or electrical devices;
(5) Backgrounds, letters, figures or characters, or other embellishments.
a. Maintenance and repairs. Normal maintenance shall be allowed, provided that any nonconforming sign that is destroyed by any means to an extent greater than 50 percent of the sign’s pre-catastrophe fair market value, exclusive of the foundation, shall not be reconstructed. Normal maintenance shall include painting of chipped or faded signs, replacement of faded or damaged surface panels, or repair or replacement of electrical wiring or electrical devices.
b. Nonconforming changeable copy signs. The message on a nonconforming changeable copy sign or nonconforming bulletin board sign may be changed provided that the change does not create any greater nonconformity.
c. Substitution prohibited. No nonconforming sign shall be replaced with another nonconforming sign.
(Ord. No. 147-43, § 15.011, 12-15-2003)
40-954. Variance procedures.
(a) Zoning board of appeals jurisdiction. Any party who has been refused a sign permit for a proposed sign may file an appeal with the zoning board of appeals within 30 calendar days of the decision, in accordance with provision of this chapter. If a party is seeking a variance for a sign proposal from the requirements of this chapter, the zoning board of appeals shall have the authority to grant a variance where the strict application of the regulations would result in peculiar or exceptional practical difficulties, or exceptional undue hardship upon the applicant, provided that such relief may be granted without substantially impairing the intent and purposes of this article. Additionally, the zoning board of appeals may consider the standards stated in subsection (b) of this section in the granting of a variance under this article.
(b) Variance standards (signs). The board may consider the following issues or similar concerns in arriving at a decision regarding a variance. In granting a variance the board may attach such conditions regarding the location, character and other features of the proposed sign as it may deem reasonable. In granting a variance, the board shall state the grounds and findings upon which it justifies granting the variance.
(1) Visibility. Conforming signs were blocked from sight of passing motorists due to existing buildings, trees or other obstructions.
(2) Safety. Conforming signs could not be seen by passing motorists in sufficient time to allow safe deceleration. In determining whether such circumstances exist, the zoning board of appeals shall consider the width of the road, the number of moving lanes, the volume of traffic and speed limits.
(3) Clutter. Existing signs on nearby parcels would substantially reduce the visibility or advertising impact of a conforming sign on the subject parcel.
(4) Natural features. Construction of a conforming sign would require removal or severe alteration to natural features on the parcel, such as, but not limited to, removal of trees, alteration of the natural topography, or obstruction of a natural drainage course.
(5) Obstruction. Construction of a conforming sign would obstruct the vision of motorists or otherwise endanger the health or safety of passers-by.
(6) Enhancement Variance from certain sign regulations would be offset by increased building setback, increased landscaping or other such enhancements to the premises, so that the net effect is an improvement in appearance, compared to the result that would be otherwise achieved with construction of a conforming sign.
(7) Scale. A sign that exceeds the allowable height or area standards of this chapter would be more appropriate in scale because of the large size or frontage of the premises or building.
(Ord. No. 147-43, § 15.012, 12-15-2003)
40-955. Cost recovery by township.
All costs incurred by the township in the enforcement of this article or the removal of signs not in compliance with this article shall become an enforceable lien against the property on which said sign is erected. The owner of said land shall be responsible for all costs related to enforcement, removal, and legal expenses. Costs may be collected by any means legally available to the township.
(Ord. No. 147-43, § 15.013, 12-15-2003)
State Law reference—State highway advertising act, MCL 252.301 et seq.