Baroda City Zoning Code
ARTICLE V
Signs
§ 34-302 General regulations.
[Ord. No. 166, 7-6-2009]
(a)
All signs in the Village shall meet the following requirements:
(1)
Animated signs. Animated signs as defined in § 34-1 are prohibited in the Village of Baroda.
(2)
Automated changeable copy signs. Automated changeable copy signs shall comply with all other applicable sign regulations of this section.
(3)
Sign message. No sign shall be constructed or maintained which does not advertise a business transacted or goods and services sold or produced on the premises on which the sign is located, except in the "I" industrial zoning district.
(4)
Illumination permitted. Reflectors, lights and other forms of illumination shall be permitted on all signs. No sign shall be illuminated in such a manner as to interfere with, mislead or confuse traffic. No rotating illuminated beacon or flashing luminary shall be permitted. The use of string electric light bulbs which illuminate products which are stored outdoors for sale is prohibited. In no case shall any sign illumination exceed a level of illumination of 0.08 footcandle, and a luminaire brightness of two thousand four hundred foot lamberts, when measured by a hand-held light sensor from the nearest or adjacent residential zoned property.
(5)
Flashing signs. No sign or any part thereof, other than elements of a clock and/or thermometer display having a display interval of no less than 10 seconds, shall move nor shall the illumination of any sign or any part of such illumination be anything other than a steady, continuously burning bulb or light. The flashing or turning on and off of the sign illumination of any bulb or component part thereof is prohibited except for emergency public service announcements, approved by the Village code enforcement office or Village President.
(6)
Electronic message boards/message center (LED Sign). All electronic message boards and any other message center shall comply with the following:
a.
Where text is displayed on a background, the text shall be brighter than the background, i.e., dark text shall not be displayed on bright background.
b.
Such boards and centers shall not contain animation or any flashing, scrolling, or moving lights, text or graphics, or any type of video.
c.
Motion on such boards and centers is limited to message transitions
d.
Illumination shall not exceed a level of illumination of 0.08 footcandle, and a luminaire brightness of two thousand four hundred foot lamberts, when measured by a hand-held light sensor from the nearest or adjacent residential zoned property.
e.
The frequency of message transition shall be no more than once every four seconds during day time hours of operation being the period of 6:00 a.m. to no later than 10:00 p.m.
f.
The frequency of message transition, which shall be limited to a "fade in" and "fade out" shall be no more than once every 15 seconds during nighttime houses of operation, being the period between 10:00 p.m. and 6:00 a.m.
g.
Such boards and centers shall only be used to advertise a business transacted or goods and services sold or produced on the premises, date, time and temperature, and public services announcements approved by the Village code enforcement office or Village President.
h.
No more than one electronic sign is permitted per premises, regardless of the number of signs permitted by other terms of this section or the number of uses upon the premises.
i.
Such boards and centers shall not be used as a temporary political sign.
j.
All such signs shall comply with all other applicable sign regulations.
(7)
Signs not to constitute a traffic hazard. No sign shall be erected at the intersection of any streets in such a manner as to obstruct free and clear vision or at any location where, by reason of the position, shape or color it may interfere with, obstruct the view or be confused with any authorized traffic sign, signal or device or which makes use of the words "stop," "look," danger" or any word, phrase, symbol or character in such manner as to interfere with, mislead or confuse traffic. At street intersections no signs, other than municipal traffic control signs, shall be located within the triangle formed by the property lines paralleling the streets and extending for a distance of 20 feet each way from the intersection of the right-of-way lines at the corner lot. No sign, signal, marking, device, blinking, oscillating or rotating light or lights shall be erected so as to create a traffic hazard.
(8)
Obscene matter prohibited. It shall be unlawful for any person to display upon any sign or other advertising structure any obscene, indecent or immoral matter.
(9)
Removal of certain signs. Any sign, supports and attachments now or hereafter existing which at the time of construction advertised a business being conducted or a product being sold or produced on the premises on which the sign is located but no longer does so, shall be taken down and removed by the owner of the building, structure or premises upon which the sign shall be found within 30 days' after written notice from the building inspector to remove the sign.
(10)
Portable signs. Portable or wheeled signs including signs attached to trucks or motor vehicles, which advertise goods, products or services are prohibited. Trucks containing merchandise which is being sold shall not be parked in such a manner as to become a display sign.
(11)
Window signs. Opaque window signs shall not exceed more than 40% of the surface area of the window in which they are displayed. Window signs shall not exceed the 10% of the building face of which the window is a part.
§ 34-303 Special requirements.
[Ord. No. 166, 7-6-2009]
(a)
The following special requirements shall also apply:
(1)
Ground signs:
a.
Height and area limitations. No ground sign shall be erected or maintained more than 20 feet above the level of the street upon which the sign faces, or above the adjoining ground level, if such ground sign shall have a single surface area exceeding 50 square feet for a single face sign and 100 square feet for signs of two or more faces. All ground signs shall be placed on the same parcel of property as the building or use to which it is accessory.
b.
Number of signs. Only one ground sign may be erected as an accessory to any single building, structure or shopping center regardless of the number of separate parties, tenants or uses contained therein; provided it is located on a parcel of land that has 100 feet of property abutting on one street. Such a sign must be located adjacent to the right-of-way or parking lot from which its maximum allowable size is determined.
(2)
Wall signs.
a.
Limitation on placement. No wall sign shall cover wholly or partially any wall opening nor project beyond the ends or top of the wall to which it is attached.
b.
Projection and height over public property. No wall sign shall have a greater thickness than 12 inches measured from the wall to which it is attached to the outer surface and shall not be attached to a wall at a height of less than eight feet above a public sidewalk and at a minimum of 15 feet above public driveways, alleys and thoroughfares.
c.
Area limitations. The total surface area of all wall signs placed on the front of a building shall not exceed two square feet for each lineal foot of building frontage, and all wall signs placed on other than the front of a building shall not exceed a total surface area of 100 square feet.
d.
Supports and attachments. All wall signs shall be safely and securely attached to the building by means of metal anchors, bolts or expansion screws. In no case shall any wall sign be secured with wire, strips of wood or nails.
e.
Vertical dimension or height. The vertical dimension of a wall sign shall not be in excess of six feet. No wall sign shall project vertically above the roof of the building immediately adjacent to such wall.
(3)
Roof signs:
a.
Limitation of sign. No roof sign shall be permitted if there is a wall sign on the same building.
b.
Limitation of placement. A roof sign shall be parallel with the front wall of the building on which it is erected.
c.
Area and height limitations. The total surface area of any roof sign placed on the front of a building shall not exceed 50 square feet. A roof sign shall not exceed three feet in height and in the case of:
1.
Flat or sloping roofs shall not extend above the height of that portion of the roof covering more than 50% of the ground area of the building.
2.
Gable, hip or curved roofs shall not extend more than three feet above the eave line. In no event shall a roof sign extend above the peak of the roof of the building to which it is affixed.
d.
Material required. Every roof sign, including the upright supports and braces thereof, shall be constructed entirely of incombustible materials; provided, however, that combustible structural trim may be used thereon.
e.
Bracing, anchorage and supports. Every roof sign shall be thoroughly secured to the building by iron or other metal anchors, bolts, supports, rods or braces. However, all roof signs shall be installed in such a manner that there shall be no visible support structure.
(4)
Projecting signs.
a.
Tastefully proportioned and well spaced projecting signs are permitted if there is not a wall or roof sign. The sign area shall not exceed eight square feet per face.
(5)
Marquee signs.
a.
No marquee signs shall be permitted.
(6)
Temporary signs. The following regulations shall be applicable to all temporary signs placed or situated at any place other than inside a "building":
a.
Permits required. Permits are required to erect any temporary sign in excess of four square feet.
b.
Period of display. Period of display for a temporary sign shall be a term defined within the permit, but shall not exceed 90 days for which one or more extension may be requested by the applicant.
c.
Projection into right-of-way. No temporary sign shall be strung across any public right-of-way nor shall any temporary sign project beyond the property line.
d.
Area and height. No temporary sign may have a single face greater than 15 square feet in area nor have a greater total surface area than 30 square feet nor be more than 10 feet above the ground; provided, however, that the lower edge of the sign shall be of a height of not less than 18 inches above the surrounding ground level.
e.
Number of signs. Only one self-supporting sign shall be displayed on any lot having a public right-of-way frontage of more than 100 feet.
f.
Removal. Temporary signs shall be removed promptly at the end of the display period provided for above.
(7)
Unsafe signs.
a.
Any temporary sign found by the building inspector to be in an unsafe condition must be removed by the owner within three days after his receipt of notice to do so from the building inspector.
(8)
Temporary political signs.
a.
Definition. Temporary political signs, shall include temporary signs, designed and intended to advertise or contain information about or soliciting votes for a candidate, political party, proposal or issue of any sort, or any other matter relating to or at issue in one specific and particular upcoming election and further designed and intended to be temporarily placed on lawns, trees, or posts and not permanently affixed to any structure. Billboards are specifically excluded from this definition. All other types of political signs are subject to the general provisions of this article. Portable or wheeled signs, including those mounted to or attached, in any manner, to trucks, trailers or motor vehicles are included within this definition.
b.
Temporary political signs may be placed in any zoning district and without the need for a permit from the Village.
c.
Permission to erect temporary political signs must be obtained from the owner of the property where the sign is to be located.
d.
Temporary political signs may not be located on tree lawns owned by the Village or on any property owned, leased, maintained or operated by the Village.
e.
Temporary political signs may be placed and kept in place only during the period commencing 45 days preceding an election and ending on the seventh day following an election.
f.
Temporary political signs shall not exceed five square feet of display area per side.
g.
In addition to the provisions of this Subsection (8), political signs shall remain subject to provisions of other applicable sections of Village ordinances.
h.
Any political sign erected or maintained in violation of this Subsection (8) shall be subject to removal.
i.
Signs erected and/or maintained in violation of this Subsection (8) are deemed to be public nuisances which the Village may take appropriate legal action to abate and enjoin.
(9)
Off-premises signs. Off-premises (third party or outdoor advertising) signs including billboards shall be restricted to district I industrial zoning district. They shall not be permitted on wall or roof locations. They shall also be subject to the following restrictions:
a.
Off-premises signs on the same street facing the same traffic flow shall not be placed closer together than 300 feet.
b.
Off-premises signs can be double-faced and each side shall be considered as facing traffic flowing in the opposite direction.
c.
Advertising shall not exceed 300 square feet per side and the total area shall not exceed 600 square feet.
d.
Structures for off-premises signs shall be of vertical (cantilever) construction, and where the back is visible; it shall be suitably painted or otherwise covered to present a neat and clean appearance.
e.
Advertising signs or structures having an area of more than 100 square feet shall not be erected within 50 feet of any public street or highway.
(10)
Painted signs. Signs painted on the front of a building shall not have a total surface area in excess of two square feet for each lineal foot of building frontage, provided that signs painted on other than the front of the building shall not exceed a total surface area of 100 square feet.
(11)
Service station signs. There shall be no signs located on fuel pump islands except those constituting an integral part of the pump itself or those required by state law or regulation. There shall be no signs attached to fuel pump canopies except those identifying "self-service" and "full-service" pumps, in which case the maximum size shall be six square feet in surface display area per message. One additional two-sided sign indicating only price and grade of gasoline as shown on the pumps, either side not to exceed 12 square feet in surface display area, may be displayed on the premises.
(12)
Trespass and other safety warning signs. One trespass or other safety or caution warning sign for each 200 feet of perimeter lot line shall be allowed regardless of the zoning districts in which the property is located.
§ 34-304 Signs in residential areas.
[Ord. No. 166, 7-6-2009]
(a)
Signs erected or maintained in residential districts shall be limited to:
(1)
Limited illumination. All signs in residential zoning districts shall be non illuminated or illuminated in such fashion that such illumination will not exceed a level of illumination of 0.08 footcandle, and a luminaire brightness of two thousand four hundred foot lamberts, when measured by a hand-held light sensor from the adjacent property line.
(2)
Home occupations. For home occupations conducted in compliance with a valid special land use permit issues pursuant to the provisions of § 34-249, one sign advertising the home occupation not exceeding one square foot in area, non illuminated and mounted flat against the wall of the principal building.
(3)
Announcement or bulletin boards for mobile home park residents. One announcement or bulletin board not to exceed 32 square feet in area shall be permitted within state licensed mobile home parks.
(4)
Signs advertising the rental, sale or lease of property upon which they are located. Such signs shall not have a surface area greater than six square feet and there shall be only one sign per parcel.
(5)
Signs advertising buildings under construction. Such signs may be erected for the period of construction and shall not exceed a face area of 32 square feet. Such signs shall be erected on the building or lot where such construction is being carried on and shall advertise only the architect, contractor, subcontractor, building or materials and equipment used.
(6)
Churches and schools. Churches, colleges, Sunday Schools, schools, building, buildings housing government functions and utilities of the Village, county or state or any subdivision thereof, are permitted to erect a sign or electronic message board/message center not to exceed 24 square feet in display area or an overall height of eight feet. Such signs when of a permanent nature shall be constructed of incombustible material.
(7)
Multiple-family residential units. Signs advertising multiple-family residential units shall not exceed 10 square feet in area and shall not be more than four feet above ground level. Such signs shall be made of noncombustible material and shall contain no advertising or information other than the name and address of the residential unit. Only one such sign may be erected for each multiple family complex.
§ 34-305 Sign erection permits.
[Ord. No. 166, 7-6-2009]
(a)
Permit required from building inspector. No person shall erect any sign in the Village without first obtaining a permit from the building inspector, with the exception of the following:
(1)
Professional nameplates not exceeding one square foot in area.
(2)
The changing of advertising material or copy on a sign shall not require the issuance of a permit.
(3)
Bulletin boards not over 24 square feet in area for public, charitable or religious institutions when the same are located on the premises of the institutions; provided, however, if the signs are electrically illuminated an electrical permit must be obtained.
(4)
Occupational signs denoting only the name and profession of an occupant in a commercial, public or institutional building and not exceeding two square feet in area.
(5)
Memorial signs or tablets, names of buildings and date of erection when cut into any masonry surface or when constructed of bronze or aluminum.
(6)
Traffic or other municipal signs, legal notices, railroad crossing signs, danger and such temporary emergency or non advertising signs as may be approved by the building inspector.
(7)
Signs advertising the rental, sale or lease of property upon which they are located.
(b)
Application contents. Applications for sign erection permits shall be made to the building inspector and shall contain or have attached thereto the following information:
Information required for permanent and temporary signs: | |
(1) | Name, address and telephone number of the applicant. |
(2) | Location of building, structure or lot to 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) | Such fees as shall be required by the Village Council. |
Additional information required of permanent signs: | |
(5) | One blueprint or ink drawing or the plan and specifications and method of construction and attachment to the building or in the ground. |
(6) | Name of the person erecting the structure. |
(7) | Written consent of the owner where the sign is to be erected on vacant land. |
(8) | In all cases where wiring is to be used in connection with the structure, it shall comply with the electrical code. |
(9) | Bond as required by § 34-306. |
Additional information required of temporary signs: | |
(10) | Date of erection and removal of the temporary sign; not to exceed 90 days. |
(11) | Such other information as the building inspector shall require showing full compliance with this and other chapters of this Code. |
(12) | Such fees as shall be required by the Village Council. |
(c)
Special use approval for oversized signs. Applications for signs having an area of more than 32 square feet shall be approved as a special land use upon the recommendation by the Planning Commission based upon their finding of extenuating circumstances not of the applicants own making requiring a sign larger than that provided for by the terms of this section is required solely for the financial benefit of the businesses located upon the premises. Standards of review by the Planning Commission shall include a finding of:
(1)
Financial necessity necessary to the continued viability of the business or businesses being advertised.
(2)
The inability to locate a sign, meeting the requirements of this section on the premises or at an off-site location proximate to the premises where the business or businesses are physically located.
(3)
An overwhelming public need for advertising and/or a message to assist the general public in identification of the location of the business or businesses which are physically located upon the premises.
(d)
Period of validity and expiration of permit upon issuance by building inspector. If the work authorized under an erection permit has not been completed within six months from the date of issuance, the permit shall expire and be of no further force or effect.
(e)
Variances. The Zoning Board of Appeals shall have the power to vary or modify the application of any provision of this chapter when, in its opinion, the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of these provisions or the public interest, or when in its opinion the interpretation of the enforcing official should be modified or reversed. A decision of the Zoning Board of Appeals to vary the application or any provision of this chapter or to modify the interpretation of the enforcing official, shall specify in what manner such variation or modification is made, the conditions upon which it is made and the reasons therefore.
(f)
Appeal of administrative decision. Appeals from any ruling of the building inspector, code enforcement office or Village President shall be made to the Zoning Board of Appeals as described and provided for in the zoning ordinance and Michigan law.
§ 34-306 Nonconforming signs.
[Ord. No. 166, 7-6-2009]
(a)
Existing signs which do not comply with the provisions of this chapter shall be deemed nonconforming signs. Nonconforming signs may be maintained or repaired but shall not be enlarged, rebuilt, altered or remodeled unless:
(1)
They will become conforming by virtue of such enlargement, rebuilding, alteration or remodeling; and
(2)
A permit to do so is obtained from the building inspector.
§ 34-307 Sign erector's bond.
[Ord. No. 166, 7-6-2009]
No person shall engage in the business of erecting signs in the Village without first filing a bond with the Village Clerk in the penal sum of $5,000, which indemnifies and holds the Village harmless from any and all costs, damages or expenses resulting from the erection of any sign by such person or resulting from the negligence, failure or refusal of such person to comply with the provisions of this chapter or any other ordinance pertaining to signs.
§ 34-308 Need and purpose of temporary off-premise business opening announcement signage.
[Ord. No. 181, 10-8-2013]
(a)
Based on a need determined by the Downtown Development Authority (DDA) and with the recommendation of the Planning Commission after public hearing, the use of temporary off-premise banners signs announcing opening of new businesses is deemed a need for the continued prosperity of the downtown economy.
(b)
The DDA is herewith authorized to review and approve the issuance, by the Village Building Official, a temporary ninety-day off-premise sign permit when the temporary off-premise banner is determined compliant with the following standards:
(1)
The single banner will be building mounted and installed parallel to, and visible from the public street frontage.
(2)
The banner sign will be installed no more than 30 days before the opening of the new business and removed 60 days after opening date of the new business.
(3)
The applicant has written permission of the building property owner upon which the banner is to be installed; the approval addressing the term authorized for the installation of the banner upon the building and date and responsible party for removal.
(c)
The Village Building Official shall accept applications for a temporary off-premise business opening announcement signs, applications which shall include:
(1)
An illustration of the building upon which the banner sign shall be installed, showing sign dimensions and location upon the building.
(2)
An illustration of the actual sign containing wording indicating new business opening.
(3)
A written permission statement from the building property owner.
(4)
Date of installation, date business opening and date for sign removal.
(d)
The DDA may, upon the finding of special circumstances and undue hardship, specifically the inability of the business to open in accord with the schedule presented in the application or inability to secure appropriate signage in compliance with the terms of the zoning ordinance may, upon request of the applicant, extend the temporary permit for one additional ninety-day period, if extended term is authorized by the building property owner.
(e)
Upon receipt of application for a temporary off-premise business opening announcement signs the Building Official shall forward the application to the chair of the DDA who shall convene a DDA meeting to approve, or deny, the applicant's request.
(f)
The chair of the DDA shall communicate the decision of the DDA to the Building Official who shall issue the permit, if approved by the DDA, or issued a letter of denial if not approved by the DDA to the applicant.