Purpose. The purpose of this chapter is to regulate the location, size, construction, type, illumination, and manner of display of signs and outdoor advertising in order to minimize their harmful effects on the public health, safety, and welfare, and protect property values and community character. While this chapter recognizes that signs and billboards (outdoor advertising) are necessary to promote commerce and public information, failure to regulate them may lead to: poor identification of individual businesses; deterioration and blight of business and residential areas of the township; create conflicts between different types of land use; and reduce traffic safety to pedestrians and motorists.

(Ord. No. 01-20, § 18.281, 2-10-20)

The following regulations shall apply to all signs in Berlin Charter Township. 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:

(a)

Construction standards.

(1)

General requirements. All permanent signs shall be designed and constructed in a safe and stable manner in accordance with the township's adopted building and electrical codes. All electrical wiring associated with a freestanding sign shall be installed underground.

(2)

Building code compliance. All permanent signs shall be designed to comply with minimum wind pressure and other requirements set forth in the adopted building code.

(3)

Framework. All signs attached to a structure shall be designed so that the supporting framework, other than the supporting elements on a freestanding sign, is contained within or behind the face of the sign or within the building to which the sign is attached so as to be totally screened from view.

(b)

Illuminated signs.

(1)

Only indirectly illuminated signs shall be allowed in residential zoning districts provided such signs are shielded as to prevent direct light rays from being visible from the public right-of-way or any adjacent residential property.

(2)

Indirectly or internally illuminated signs are permitted in the non-residential districts provided such signs are shielded so as to prevent direct light rays from being visible from the public right-of-way or any adjacent residential property.

(3)

No sign 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 operating as to create an appearance of writing or printing. Nothing contained in this chapter shall be construed as preventing use of lights or decorations related to religious and patriotic festivities.

(4)

Signage lighting shall be turned off upon closing.

(5)

Neon and LED signs are permitted in non-residential districts which permit internally illuminated signs. Neon and LED lighting is prohibited outside of the sign structure and shall not be permitted as accent lighting along a building wall or window, unless as allowed by the planning commission during the building and lighting review as part of site plan review as set forth in article VI.

(6)

Backlighting of awnings is prohibited.

(c)

Measurement of sign area.

(1)

The area of a sign shall be computed as including the entire area within the regular geometric form of a square, rectangle, triangle, or circle. If the sign utilizes more than one (1) separate geometric form, a square or rectangle may be combined with a contiguous circle or triangle. The form(s) shall encompass all the display areas of the sign including all elements of the matter displayed.

(2)

Where a sign has two (2) or more faces, the area of all faces shall be included in determining the area of the sign, except that where two (2) such faces are placed back to back, parallel to one another and less then twenty-four (24) inches apart, the area of the sign shall equal the area of one (1) face.

(3)

Frames and structural members not bearing copy or display material shall not be included in the computation of sign area.

(d)

Sign height.

(1)

The height of freestanding signs in residential zoning districts shall not exceed five (5) feet.

(2)

The height of freestanding signs in non-residential districts shall not exceed eight (8) feet in height. However, freestanding signs up to fifteen (15) feet in height may be permitted by the planning commission, if located adjacent to I-75 or I-275.

(3)

Sign height shall be measured to the top edge of the sign, from the adjacent grade.

(e)

Setback requirements for signs. Unless specified elsewhere in this article, all freestanding signs shall maintain a minimum fifteen (15)-foot setback from all road rights-of-way and shall be located no closer than fifteen (15) feet from the edge of the principal entrance driveway and all property lines. Freestanding signs shall also be setback a minimum of twenty-five (25) feet from the right-of-way of an existing interstate freeway.

(f)

Business flags. Business flags shall be permitted in all non-residential zoning districts, subject to the following regulations:

(1)

Flags shall be located on the same lot as the business, building, or use.

(2)

Flags shall meet the yard requirements for signs and the height limits for structures in the zoning district in which they are located.

(3)

The area of each business flag shall not be included in the sign area that is permitted on a lot.

(4)

Not more than one (1) business flag shall be permitted for each public road frontage of the lot on which it is located.

(Ord. No. 01-20, § 18.282, 2-10-20)

(a)

Swinging signs. Signs which swing or otherwise noticeably move as a result of wind pressure because of the manner of suspension or attachment are prohibited.

(b)

Moving signs. Except as otherwise provided in this section, any sign or portion thereof which moves or assumes any motion constituting a non-stationary or fixed condition are prohibited, including banners, pennants, search lights, twirling signs, balloons, feather flags, or other gas-fill figures.

(c)

Parking of advertising vehicles. No person shall park any vehicle or trailer on a public right-of-way, public property, or on private property so as to be visible from a public right-of-way, which has attached thereto or is located thereon any sign or advertising device for the purpose of directing people to a business or activity. Currently licensed vehicles and trailers that 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 shall be excluded from this provision.

(d)

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 are prohibited.

(e)

Portable signs. Portable signs, including sandwich board signs, and sidewalk, curb signs, or banners are prohibited.

(f)

Painted wall signs. Signs which are painted directly on to a wall or any other structural part of a building are prohibited.

(g)

Roof signs. Signs which are erected or constructed wholly on and over the roof of a building, supported by the roof structure and extending vertically above the highest portion of the roof are prohibited.

(h)

Fence signs. Signs which are pasted or attached to utility poles or placed upon trees, fences, rocks, or in an unauthorized manner to walls or other signs are prohibited.

(i)

Projecting signs. Signs located in, or which project into or overhang a public right-of-way, are prohibited, except as allowed by local, state or federal law or regulation, as otherwise permitted in a mixed-use district.

(j)

Miscellaneous signs.

(1)

Tacking, pasting, or otherwise affixing of signs or posters visible from a public right-of-way except "no trespassing," "no hunting," "beware of animal," warning of danger signs, and other legal postings as required by law, located on the walls of buildings, barns, sheds, on trees, poles, posts, or fences are prohibited.

(2)

Signs which imitate an official traffic sign or signal which contains the words "stop," "go," "slow," "caution," "danger," "warning," or similar words except as otherwise provided in this section are prohibited.

(3)

Signs which are of a size, location, content, coloring, or manner or illumination which may be confused with or construed as a traffic control device or which hide from view any traffic or street sign or signal or which obstruct the view in any direction that a street or road intersection are prohibited.

(4)

Signs which contain, statements, words, or pictures of an obscene, pornographic, or immoral character are prohibited.

(5)

Signs which emit audible source, odor, or visible matter are prohibited.

(Ord. No. 01-20, § 18.283, 2-10-20)

Subject to the other conditions of this chapter, the following signs shall be permitted anywhere within Berlin Charter Township without a permit.

(a)

Directional signs.

(1)

Size and height. A directional sign shall be located on the property to which it is directing traffic and shall not exceed four (4) square feet in area for each sign and four (4) feet in height.

(2)

Location. Directional signs may be located in the front setback area, provided they are setback at least fifteen (15) feet from the existing or planned right-of-way line.

(3)

Logos. A directional sign shall not contain logos or other forms of advertising.

(4)

Illumination. Direct illumination of directional signs is prohibited.

(b)

Incidental signs. Incidental signs containing information on credit cards, business affiliations, hours of operation, open/closed, etc. The combined area of all such signs shall not exceed two (2) square feet.

(c)

Temporary freestanding residential yard signs. In all residential zoning districts, temporary freestanding yard signs are permitted within the following parameters:

(1)

Size. The total number of signs shall not exceed an aggregate area of eighteen (18) square feet.

(2)

Single sign. The total sign area for a single sign shall not exceed six (6) square feet.

(3)

Height. No sign shall exceed a maximum height of four (4) feet.

(4)

Placement. No sign shall be in place for a period exceeding three (3) consecutive months.

(5)

Location. No sign shall be placed within a public right-of-way.

(6)

Illumination. Sign illumination is prohibited.

(d)

Temporary freestanding non-residential yard signs. In all non-residential zoning districts temporary freestanding yard signs are permitted within the following parameters:

(1)

Size. The total number of signs shall not exceed an aggregate area of twenty (20) square feet.

(2)

Single sign. The total sign area for a single sign shall not exceed eight (8) square feet.

(3)

Height. No sign shall exceed a maximum height of four (4) feet.

(4)

Placement. No sign shall be in place for a period exceeding six (6) consecutive months.

(5)

Location. No sign shall be placed in a public right-of-way.

(6)

Illumination. Sign illumination is prohibited.

(e)

Window signs.

(1)

Size. In total, the message shall cover not more than twenty-five percent (25%) of the window area.

(2)

Placement. Signs shall be affixed directly to the window.

(3)

Illumination. Front-lit illumination is prohibited. Back-lit illumination is allowed in non-residential districts.

(f)

Construction maintenance or service work being performed signs.

(1)

Number. One (1) sign may be placed on parcel(s) of which work is being performed, subject to a valid permit being issued for such work.

(2)

Duration. The sign may remain on-site during the duration of work and must be removed when work is complete.

(3)

Size and height. The total construction sign area shall not exceed six (6) square feet and four (4) feet in height. Construction signs are permitted in addition to the permanent signs allowed in each zoning district.

(g)

Signs exempt from regulation.

(1)

Signs not exceeding one (1) square foot in area bearing only property numbers, post office box numbers, names of occupants or premises, or other identification of premises not having commercial connections.

(2)

Legal notices, identification information, or directional signage erected, or required by governmental bodies.

(3)

Integral decorative or architectural features of buildings, except letters, trademarks, moving parts, moving lights, or back-lit areas.

(Ord. No. 01-20, § 18.284, 2-10-20)

Subject to the other provisions of this chapter, the following signs shall be permitted in the recreation conservation, agriculture, and residential districts with a sign permit.

(a)

Identification sign for permitted or conditional use other than residential.

(1)

Number. One (1) identification sign shall be permitted for each public street frontage.

(2)

Size. Each sign shall not exceed eighteen (18) square feet in area, not more than eight (8) feet in height.

(b)

Residential development signs.

(1)

Number. One (1) identification sign within the boulevard at the entrance to the development or two (2) single-sided signs incorporated into a landscape wall as shown on an approved landscape plan shall be permitted for each public street frontage for a subdivision, multiple-family building development or manufactured housing community.

(2)

Size. Each sign shall not exceed thirty-two (32) square feet in area.

(3)

One (1) additional sign advertising "For rent" or "Vacancy" may be placed on each public street frontage of a rental residential development, provided that such sign shall not exceed three (3) square feet in area and is incorporated into the identification sign.

(Ord. No. 01-20, § 18.285, 2-10-20)

Subject to the other provisions of this chapter, the following signs shall be permitted in the commercial, mixed-use, waterfront marina, and industrial zoning districts with a sign permit.

(a)

Single buildings. Signs permitted for single buildings on developed lots or group of lots developed as one (1) lot, not in a shopping center or business center subject to subsection (b) below.

(1)

Freestanding signs.

a.

Number. One (1) freestanding sign shall be permitted per street frontage. On parcels adjacent to I-75, only off-premises advertising signs (billboards) are permitted to face I-75.

b.

Size. The total area of the freestanding sign shall not exceed one-half (0.5) of a square foot per one (1) lineal foot of lot frontage, but in no case shall any freestanding sign exceed forty-eight (48) square feet in area.

c.

Setbacks. Freestanding signs shall maintain setbacks as outlined in section 18-282(e).

d.

Setback from residential districts. Freestanding signs shall be located a minimum distance of fifty (50) feet to any residential zoning district or property utilized for a residential use.

(2)

Wall signs.

a.

Number. One (1) wall sign shall be permitted per street frontage on each parcel. Also, buildings adjacent to I-75 shall be permitted one (1) wall sign facing I-75.

b.

Size. The total area of wall signage shall not exceed one and one-half (1.5) square feet per lineal foot of building frontage, but in no case shall the wall sign exceed forty-eight (48) square feet in area. No exterior wall signage for a business without ground floor frontage shall exceed twenty-four (24) square feet in area.

(b)

Shopping center/business centers.

(1)

Freestanding signs.

a.

Number. One (1) freestanding sign shall be permitted per street frontage.

b.

Size. The total area of the freestanding sign shall not exceed one (1) square foot for each one (1) linear foot of building which faces one (1) public street, but in no case shall any freestanding sign exceed two hundred (200) square feet.

c.

Setbacks. Freestanding signs shall maintain setbacks as outlined in section 18-282(e).

d.

Setback from residential districts. Freestanding signs shall be located a minimum distance of fifty (50) feet to any residential zoning district or property utilized for a residential use.

(2)

Wall signs.

a.

Number. Each business in a shopping center or business center with ground floor frontage shall be permitted exterior wall signs.

b.

Size. The sign area for exterior wall signs shall be computed as one (1) square foot for each one (1) linear foot of building frontage occupied by the business. All businesses without ground floor frontage shall be permitted one (1) combined exterior sign not more than twenty-four (24) square feet in area.

(c)

Awning and canopy signs. Signs on awnings and canopies shall be permitted, subject to the following standards.

(1)

Coverage. The total area of the lettering and logo shall not exceed twenty-five percent (25%) of the total area of the awning or canopy that is visible from the street.

(2)

Compliance with size requirements for wall signs. The area of signs on awnings or canopies shall be counted in determining compliance with the standards for total area of wall signs permitted on the parcel.

(3)

Projection. Limitations imposed by this section concerning projection of signs from the face of a wall or building shall not apply to awning and canopy signs, provided that such signs shall comply with the setback requirements for the district in which they are located.

(d)

Window Signs. Temporary and permanent window signs shall not exceed twenty-five percent (25%) of the total window area. The area of permanent window signs shall be counted in determining compliance with standards for total area of wall signs on the parcel. Temporary window signs shall comply with the requirements in this section.

(e)

Menu/price boards. In addition to the signs permitted above, drive-through businesses with pick-up windows may have two (2) menu/price boards and each shall not exceed thirty-two (32) square feet in area and shall be a maximum height of six (6) feet.

(f)

Vehicle fueling/multi-use stations.

(1)

Fuel price sign.

a.

Number. One (1) gasoline price sign shall be permitted for each gas station.

b.

Size. The fuel price sign shall not exceed twenty (20) square feet in area. Fuel price signs shall be counted in determining compliance with the standards for total area of wall or freestanding signs permitted on the parcel.

c.

Illumination. Fuel prices may be LED numerals provided the following are met:

1.

Numerals shall not exceed twelve (12)-inches in height.

2.

All numerals shall be either red or green in color. LED background may only be black.

3.

The numerals may not display light of such intensity or brilliance to cause glare, impair the vision of an ordinary driver, or constitute a nuisance.

(2)

Canopy.

a.

Number. A vehicle fueling or service station may have one (1) additional sign to be located on the fueling canopy for each public street frontage.

b.

Size. Canopy signs can be one-half (0.5) a square foot of sign area for each one (1) linear foot of canopy face length adjacent to facing public street frontage not to exceed eight (8) square feet.

(3)

Pump signage.

a.

Number. One (1) per fuel pump face.

b.

Size. Maximum of one (1) square foot.

(Ord. No. 01-20, § 18.286, 2-10-20)

Signs shall be permitted in a PUD district in accordance with the sign regulations in the zoning district that is most similar to that use area provided, however, those more restrictive sign regulations in the approved area plan shall control.

(Ord. No. 01-20, § 18.287, 2-10-20)

(a)

Location. Outdoor advertising signs shall be permitted only on parcels abutting interstate highways, freeways, and other primary highways in the commercial and industrial zoning districts provided that such sign shall not be placed on a parcel having any other structure within one hundred (100) feet of the sign, and no other structure shall be placed on the parcel within one hundred (100) feet of the sign, except that minimum distances from other outdoor advertising signs shall be regulated as set forth in section 18-288(b) and the signs shall not be located within fifty (50) feet of any boundary of such parcel.

(b)

Distance from other signs. There shall be a minimum of one thousand five hundred (1,500) feet between off-premises advertising signs along an interstate freeway and a minimum of one thousand four hundred (1,400) feet between outdoor advertising signs along any other public road or highway.

(c)

Area. Outdoor advertising signs shall not exceed three hundred (300) square feet in area per sign face.

(d)

Number. A double-face (back to back) or a v-type structure shall be considered a single sign provided the two (2) faces are not separated by more than two (2) feet, or the interior angle does not exceed twenty degrees (20°), whichever is applicable.

(e)

Height. The maximum height of outdoor advertising signs shall be twenty-five (25) feet.

(f)

No signs on roof. Outdoor advertising signs shall not be located on or over the roofs of buildings, nor have one (1) sign located above another.

(Ord. No. 01-20, § 18.288, 2-10-20)

Electronic message signs (EMS) shall be permitted within all non-residential zoning districts, either as a freestanding or a wall-mounted sign subject to the sign regulations for each zoning district, and subject to the following additional regulations:

(a)

An electronic message sign (EMS) shall only be permitted as part of a static sign and shall not exceed fifty (50%) of the total sign area of the static sign.

(b)

Frequency of message change shall be no more than once every thirty (30) seconds.

(c)

Scrolling words or images are prohibited.

(d)

The rate of change between two (2) messages shall be one (1) second or less.

(e)

EMS owners shall permit township, state, and federal governments to post messages in the event of an emergency.

(f)

The EMS shall include light sensors; and be capable of programming variable light output.

(g)

Light output shall be programmed to dim in response to ambient light.

(Ord. No. 01-20, § 18.289, 2-10-20)

Non-conforming signs shall not:

(a)

Be re-established after the related activity, business or usage has been discontinued for ninety (90) days or longer.

(b)

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.

(c)

Be re-established after damage or destruction, if the estimated expense of reconstruction exceeds fifty percent (50%) of the replacement cost as determined by the building official.

(Ord. No. 01-20, § 18.290, 2-10-20)

(a)

Application. Application for a permit to erect or replace a sign, or to change copy, shall be made by the owner of the property, or an authorized agent, to the township zoning official, by submitting the required forms, fees, exhibits, and information.

(b)

Application requirements. An application for a sign permit shall contain the following:

(1)

The applicant's name and address in full, and a complete description of his/her relationship to the property owner.

(2)

The property owner's written consent to the application.

(3)

The address of the property.

(4)

A complete description and scale drawings of the sign, including all dimensions and the area in square feet.

(c)

Review of application.

(1)

Planning commission review. Sign permit applications submitted in conjunction with the proposed construction of a new building or addition to an existing building shall be reviewed by the planning commission as part of the required site plan review. Proposed signs must be shown on the site plan.

(2)

Zoning official review. The zoning official shall review the sign permit application for any sign proposed on a site or existing building where no other new construction is proposed.

(3)

Issuance of a permit. Following review and approval of a sign application by the planning commission or zoning official, as appropriate, the building official shall have the authority to issue a sign permit.

(d)

Inspection.

(1)

All signs must be inspected and approved by the zoning official for conformance to this chapter prior to placement on the site. Foundations, electrical, etc., must be approved by the building official prior to pouring of concrete for the sign support structure.

(e)

Expiration. A sign permit shall become null and void if the work for which the permit was issued has not been commenced six (6) months after the date of the permit. Sign permits may be extended for a period of thirty (30) days upon request by the applicant and approval of the zoning official.

(f)

Maintenance. 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.

(Ord. No. 01-20, § 18.291, 2-10-20)

(a)

Legal non-conforming signs. The zoning official shall order the removal of any sign erected or maintained in violation of this chapter except for legal non-conforming signs. In the case of permanent signs, written notice shall be given to the owner of the sign or of the building, structure, or premises on which said sign is located ordering removal of the sign or such action as is necessary to bring the sign into compliance with this chapter and specifying a reasonable period of time for removal and/or compliance. Upon failure to remove the sign or to comply with this notice within the specified time, the township may remove the sign immediately and without further notice, at its discretion. Any sign deemed a safety hazard, signs prohibited under the provisions of section 18-283, and signs improperly erected in any public right-of-way, may be removed without notice. Any cost of removal incurred by the township may be assessed to the owner of the property on which such sign is located, and such charge shall be a lien on the property.

(b)

Expiration. A sign shall be removed by the owner or lessee of the premises upon which the sign is located within thirty (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 township may remove it in accordance with the provisions stated in section 18-292(a) 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 provide the signs comply with the other provisions of this chapter.

(c)

Nuisance. Any sign maintained in violation of this chapter is a nuisance per se as provided in section 18-40 and subject to the penalties contained therein.

(Ord. No. 01-20, § 18.292, 2-10-20)

Knowing and willful violation of the provisions of this chapter shall be a municipal civil infraction. Enforcement of this chapter 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.

(Ord. No. 01-20, § 18.293, 2-10-20)