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Davison City Zoning Code

CHAPTER 1292

Signs

1292.01 PURPOSE, SCOPE AND INTENT.

   (a)   The purposes of this chapter are to regulate signs and outdoor advertising within the City to provide the optimum identification and advertising for businesses, protect public health, safety, and welfare, preserve property values, support and complement land use objectives and enhance the aesthetic appearance of the City, all of which directly affect the quality of life and property values within the City.
   (b)   The objectives set forth in division (a) of this section are accomplished by regulating size, type, construction, location, installation, maintenance, disposition, illumination and other aspects of signs so as to:
      (1)   Prevent signs that are dangerous to the public due to structural deficiencies and/or disrepair;
      (2)   Reduce visual and physical obstructions and distractions to motorists; and
      (3)   Allow and promote optimum conditions for meeting the sign user's needs while at the same time promoting the environment desired by the general public.
   (c)   Provisions of the adopted Building Code, as adopted in Chapter 1420 of these Codified Ordinances, shall remain in full force and effect and shall be read in harmony with this chapter to the extent feasible. However, if any provision of this chapter conflicts with any provision of the adopted Building Code or any other ordinance now or hereafter in effect, the more restrictive provision shall apply.
(Res. 24-95. Passed 2-13-95; Ord. 2002-05. Passed 6-24-02; Ord. 2024-05. Passed 3-11-24; Ord. 2024-08. Passed 10-28-24.)

1292.02 DEFINITIONS.

   (EDITOR'S NOTE: See Section 1260.05 for definitions regarding signs.)
(Res. 24-95. Passed 2-13-95; Ord. 2002-05. Passed 6-24-02; Ord. 2007-04. Passed 10-8-07; Ord. 2024-05. Passed 3-11-24; Ord. 2024-08. Passed 10-28-24.)

1292.03 PERMITTING PROCESS.

   (a)   A permit shall be required within the City when a sign is: erected, altered, relocated, or enlarged.
   (b)   To ensure compliance with all appropriate laws and City ordinances it shall be the duty of the Zoning Administrator or his or her designee to review applications for new sign permits, temporary sign permits and/or sign permits for a change to an existing sign. The Zoning Administrator shall examine the application material, plans and specifications and other data pertinent to the regulations of this chapter, the Michigan Building Code and other Codified Ordinances for the City. Any requested permits for existing nonconforming signs shall require the sign to be brought into compliance with current sign regulation standards. The Planning Commission may, as part of their review of a site plan, approve applications for new signs, temporary signs or changes to existing signs in the same manner as stated by the Zoning Administrator.
   (c)   Applications for sign permits shall contain or have attached thereto the following information:
      (1)   The name, address, and telephone number of the owner/applicant.
      (2)   Letter of approval, which outlines the consent of the property owner, if different from the applicant.
      (3)   A site plan drawing, (two copies required) which must include the following:
         A.   For wall signs, the location of the building or structure to which or upon which the sign or other advertising structures is to be attached or erected;
         B.   For freestanding signs, the location of the sign in relationship to nearby buildings, improvements and property lines;
         C.   An elevation of the proposed sign with dimensions.
         D.   If a sign is proposed to be illuminated, a description of the method of illumination which meets the requirements outlined in Section 1292.09(f).
      (4)   Any other information deemed necessary by the Zoning Administrator to ensure compliance with this chapter and all other provisions of these Codified Ordinances or the Michigan Building Code.
   (d)   An application for a permit for a sign shall be submitted in such written form as the Zoning Administrator prescribes and shall be accompanied by the required fees.
   (e)   Permit fees shall be determined pursuant to the, "Schedule of Fees", as adopted by the City Council.
   (f)   Once the proposed sign has been reviewed and approved, the Zoning Administrator or his or her designee will issue the sign permit in written form.
   (g)   The Zoning Administrator or his or her designee shall give written notice to an applicant of the denial of a permit, including the reasons for denial.
   (h)   The Zoning Board of Appeals shall serve as the Sign Code Board of Appeals. Administrative Reviews, Interpretations and Variances with reference to signage may be taken to the Board under the terms of Chapter 1264.
   (i)   Buildings or clusters of buildings within a project having more than one tenant shall submit a Master Sign Plan with the sign permit application. The Master Sign Plan shall include locations, area, height, of all freestanding and wall signs. Elevations of the freestanding signs shall also be included. The Master Sign Plan must be designed so that it uses similar construction methods, size and scale. The Sign Plan must also indicate the area designated for individual tenant signs on the permitted freestanding signs.
   (j)   The following purposes shall not be required to obtain a sign review or permit:
      (1)   Painting, cleaning or maintenance, or the changing of the copy or message, unless a structural change is made; or
      (2)   The changing of the copy or message on reader board panel signs designed for such changes, including, but not limited to theatre marquees, billboards, electronic message signs and signs with moveable copy.
      (3)   Art murals are exempt from the sign review or permitting process.
      (4)   Temporary signs.
(Res. 24-95. Passed 2-13-95; Ord. 2002-05. Passed 6-24-02; Ord. 2024- 05. Passed 3-11-24; Ord. 2024-08. Passed 10-28-24.)

1292.04 GENERAL STANDARDS FOR PERMITTED SIGNS.

   (a)   The Zoning Administrator or his or her designee is authorized to order the removal of any sign that is not maintained in accordance with this chapter.
   (b)   All signs for which a permit is required, together with all their supports, braces, guys and anchors, shall be kept in repair in accordance with this chapter. When not galvanized or constructed of approved corrosion-resistant noncombustible materials, signs shall be painted when necessary to prevent corrosion.
   (c)   The owner or lessee of every sign shall maintain the immediate premises occupied by the sign in a clean, sanitary, and healthful condition.
   (d)   Every sign shall be subject to the inspection and approval of the Zoning Administrator or their designee.
   (e)   Signs shall be constructed to withstand all wind and vibration forces that normally can be expected to occur in the vicinity.
   (f)   Signs may be internally or externally illuminated where permitted. The following provisions apply for illuminated signage in the City.
      (1)   Illuminated signs shall not create glare or create unacceptable over-illumination of the surrounding area. Any sign illumination that may cause or otherwise create traffic hazards is strictly prohibited. Only soft amber lighting is permitted for lamping and read-outs no brighter than three foot-candles above ambient light conditions. Voids or burn-out lamping must be replaced promptly.
      (2)   Externally illuminated signs shall not be directly aimed at adjacent streets, roads, or other properties.
      (3)   All electrical wiring shall be located underground and any associated electrical conduit or piping shall not be exposed to view aboveground, unless a portable generator is used for a temporary illuminated sign.
      (4)   Back-lit or internally illuminated signs shall not cause excessive glare or allow light to encroach onto neighboring properties.
      (5)   Where any illuminated sign is located in a residential district or next to a residential district these illuminated signs shall be equipped with an illumination timer control unit.
      (6)   The sign shall be timed as such that the sign is not illuminated after 11:00 p.m. or no more than thirty (30) minutes after the close of business, whichever is later. No sign shall be illuminated prior to 6:00 a.m. or thirty (30) minutes before the opening of business, whichever is earlier.
      (7)   Details of all timer control units shall be submitted with a sign permit application.
(Res. 24-95. Passed 2-13-95; Ord. 2002-05. Passed 6-24-02; Ord. 2024- 05. Passed 3-11-24; Ord. 2024-08. Passed 10-28-24.)

1292.05 UNSAFE AND UNLAWFUL SIGNS.

   (a)   Notices. When any sign becomes insecure, in danger of falling or otherwise unsafe, or if any sign shall be unlawfully installed, erected or maintained in violation of any of the provisions of this chapter, the owner thereof or the person maintaining the same shall, upon written notice from the Zoning Administrator or his or her designee, forthwith in the case of immediate danger and in any case within not more than ten (10) calendar days, make such sign conform to this chapter or remove it. If, within ten (10) days, the order is not complied with, the Zoning Administrator or his or her designee is authorized to remove such sign at the expense of the owner or lessee thereof as provided in Section 1292.16 .
   (b)   Unlawful Signs. The following signs shall be considered unlawful.
      (1)   Egress obstructions. A sign shall not be erected, constructed or maintained so as to obstruct any fire escape, means of egress, window or door opening used as an element of a means of egress, or to prevent free passage from one part of a roof to another part thereof or access thereto as required by the adopted Building Code or for the fire-fighting forces having jurisdiction.
      (2)   Obstructions to ventilation. A sign shall not be attached in any form, shape or manner which will interfere with any opening required for ventilation by the adopted Building Code, except that such a sign is permitted to be erected in front of or to cover transom windows when not in violation of this chapter.
      (3)   Pylon/pole signs.
      (4)   Signs that operate or employ any stereopticon, motion picture projection or media in conjunction with any advertisements, or that have visible moving parts or any portion that covers or gives the illusion of motion, except as permitted in this chapter.
      (5)   Signs that emit audible sound, odor, or visible matter.
      (6)   EMS signs (this excludes computerized reader board signs that depict text such as time, date, pricing, etc.).
      (7)   Inflatable signs.
      (8)   Flag signs.
(Res. 24-95. Passed 2-13-95; Ord. 2002-05. Passed 6-24-02; Ord. 2024- 05. Passed 3-11-24; Ord. 2024-08. Passed 10-28-24.)

1292.06 TEMPORARY SIGNS.

   (a)   At the discretion of the property owner, each site may display up to two (2) signs per lot line abutting a public road, not to exceed four (4) signs. Display of temporary signs shall be restricted to thirty (30) days prior to an event (election, open house, party, sale, etc.). Temporary signs must be removed within seventy-two (72) hours after the event it promotes.
   (b)   Temporary signs may not be placed in a prohibited area.
   (c)   The maximum size of a temporary sign shall be 4.5 square feet. Any sign over this size will require a sign permit.
   (d)   Temporary signs shall be kept neat, clean and in good repair. Signs which are torn, damaged or otherwise unsafe or in a state of disrepair shall be immediately repaired or removed.
   (e)   Each temporary sign must meet the following standards and limitations:
      (1)   They cannot be affixed permanently to the ground or building.
      (2)   They may not be illuminated, nor digital.
      (3)   Temporary signs shall not be attached to any structure or vegetation such as utility structures, traffic signs/poles, trees or similar items.
      (4)   Permitted temporary signs do not count against the maximum allowable sign area.
   (f)   During the time a property is for rental, sale, or lease, one (1) additional sign shall be allowed. This sign shall not exceed 4.5 square feet in area, and shall not be directly illuminated.
(Ord. 2024-05. Passed 3-11-24; Ord. 2024-08. Passed 10-28-24.)

1292.07 SIGNS IN A-1, A-2, AND A-3 RESIDENTIAL DISTRICTS.

   The following signs shall be permitted in A-1, A-2, and A-3 Residential Districts:
   (a)   One (1) permanent sign not exceeding an area of two hundred sixteen (216) square inches for each residential dwelling. Such nameplate shall not be subject to the permit requirements of this chapter.
   (b)   One (1) permanent sign for each building of a developed parcel. Said signs shall not exceed eight (8) square feet in area for each building and shall be subject to a review and the issuance of a sign permit by the Zoning Administrator.
   (c)   For nonresidential uses, such as uses fronting on Flint or State Streets and/or uses which have been granted a conditional use permit, signs are subject to the requirements of Section 1292.09 and 1292.10.
   (d)   Except as otherwise provided, permitted signs may be anywhere on the premises, except that they may not project beyond one-half of the setback required, or within a required clear vision zone.
   (e)   If ground-mounted, the top shall not be over five (5) feet above the ground, and if building-mounted, such sign shall be mounted flush to the building and shall not be mounted on any roof.
      (Res. 24-95. Passed 2-13-95; Ord. 2002-05. Passed 6-24-02; Ord. 2024-05. Passed 3-11-24; Ord. 2024-08. Passed 10-28-24.)

1292.08 SIGNS IN B-1 AND B-2 RESIDENTIAL MULTI-FAMILY AND MOBILE HOME PARK DISTRICTS.

   The following signs shall be permitted in B-1 Residential Multi-Family Districts:
   (a)   One (1) permanent sign not exceeding two hundred sixteen (216) square inches for each residential dwelling unit or occupancy. Such nameplate shall not be subject to the permit requirements of this chapter.
   (b)   One (1) permanent sign for each structure of a developed parcel. Said sign shall not exceed eight (8) square feet in area for each building and shall be subject to a review and the issuance of a sign permit by the Zoning Administrator.
   (c)   For nonresidential uses, such as uses fronting on Flint or State Streets and/or uses which have been granted conditional use permits, and uses in a B-2 Mobile Home Park District, signs are subject to the requirements of Sections 1292.09 and 1292.10.
   (d)   Except as otherwise provided, permitted signs may be anywhere on the premises, except that they may not project beyond one-half of the setback required.
   (e)   If ground-mounted, the top of the sign shall not be in excess of five (5) feet above ground level, and if mounted on the building, such sign shall be mounted flush against the wall, and no sign shall be mounted on the roof or project above the roof line.
(Res. 24-95. Passed 2-13-95; Ord. 2002-05. Passed 6-24-02; Ord. 2024-05. Passed 3-11-24; Ord. 2024-08. Passed 10-28-24.)

1292.09 BUILDING MOUNTED SIGNS IN C-1, C-2, C-3 AND I, COMMERCIAL AND INDUSTRIAL DISTRICTS.

   Building-mounted signs located on exterior canopies, marquees, and wall areas shall comply with the following requirements:
   (a)   Signs shall be located on canopies, marquees and wall areas facing the business street frontage or a City-owned alleyway. Businesses located on multiple street frontages or City-owned alleyways are limited to two (2) wall areas.
   (b)   For each individual business building-mounted signs shall comply with the following:
      (1)   All building-mounted signs regardless of its location shall not exceed a total of seventy-two (72) square feet. (See illustrations in Section 1292.19.)
      (2)   The area of a single building-mounted sign shall not be greater than thirty (30) percent of the total wall area on which it is placed.
   (c)   Building-mounted signs shall not be located less than seven (7) feet from a walkway surface and shall not project more than fifteen (15) inches from the face of a wall or permanent extension of the building. All supporting mounting brackets or braces shall be enclosed unless mounted on a permanent canopy extension.
   (d)   A building-mounted sign may be located anywhere flush with the building, except on the roof, and shall not project above the roofline.
   (e)   A multiple business building may have a building identification sign, not to exceed twelve (12) square feet in size per individual tenant. Each individual business of a multiple business building may be provided with a single-line identification sign not to exceed eight (8) inches in height and forty-eight (48) inches in length. All such identification signs shall be located in the same area on the building. The total building-mounted sign size for a multiple business building shall not exceed one hundred fifty (150) square feet.
   (f)   Building-mounted signs located within the Downtown Development Authority District or the Local Development Finance Authority District may be subject to additional rules and regulations as adopted by the City Council. See illustrations on building-mounted signs in Section 1292.19.
(Res. 24-95. Passed 2-13-95; Ord. 2002-05. Passed 6-24-02; Ord. 2007-04. Passed 10-8-07; Ord. 2024-05. Passed 3-11-24; Ord. 2024-08. Passed 10-28-24.)

1292.10 GROUND-MOUNTED/MONUMENT SIGNS IN C-1, C-2, C-3, AND I, COMMERCIAL AND INDUSTRIAL DISTRICTS.

   (a)   Monument signs are permitted on individual sites based on the width of property, according to the following schedule:
 
Maximum Areas: Sites with frontage between 150 to 300 feet
Maximum Area: Sites with frontage up to 150 feet
Max Height (ft.)
Minimum Distance between signs on same property (ft.)
Minimum Setback from side lot line (ft.)
Minimum Setback from front lot line (ft.)
Max area for individual business sign (sq. ft.)
Max area for reader board (sq. ft.)
Total max allowable area (sq. ft.)
Max area for individual business sign (sq. ft.)
Max area for reader board (sq. ft.)
Total max allowable area (sq. ft.)
Ground-Mounted/Monument Signs
Single Business
36
24
60
36
24
60
5
50
25
10
Multiple Business
24
24
72
24
24
72
5
50
25
10
 
   (b)   One additional ground-mounted/monument sign shall be allowed for each additional three hundred (300) feet of frontage. Such frontage shall be calculated on a per-street basis and shall not be cumulative for those lots fronting on more than one (1) street.
   (c)   No ground-mounted/monument shall be closer than fifty (50) feet from another such sign on the same site, nor shall any such sign be closer than twenty-five (25) feet from any interior lot line.
   (d)   No ground-mounted/monument shall exceed the following sizes:
      (1)   A ground-mounted/monument sign for a single business location shall not exceed thirty-six (36) square feet.
      (2)   A ground-mounted/monument sign for a multiple business location shall not exceed twenty-four (24) square feet per each individual approved business, however the total sign area for a multiple business sign shall not exceed seventy-two (72) square feet.
      (3)   One (1) manual or computerized reader board not to exceed twenty-four (24) square feet may be added to a single ground-mounted/monument sign. (See illustrations in Section 1292.19.)
   (e)   No ground-mounted/monument sign shall exceed five (5) feet in height.
   (f)   A ground-mounted/monument sign, shall observe a minimum setback of ten (10) feet and be placed outside of any required clear vision zone.
   (g)   The top of a ground-mounted/monument sign shall not be in excess of five (5) feet above ground level. (See illustrations in Section 1292.19.)
(Res. 24-95. Passed 2-13-95; Ord. 2002-05. Passed 6-24-02; Ord. 2005-02. Passed 4-11-05; Ord. 2007-04. Passed 10-8-07; Ord. 2024-05. Passed 3-11-24; Ord. 2024-08. Passed 10-28-24.)

1292.11 OFF-SITE SIGNS.

   (a)   No off-site sign shall be permitted in any zoning district in the City of Davison unless conditional use permits therefor shall be first obtained from the City Council with recommendation by the Planning Commission after site plan review as per Chapter 1262.
(Ord. 97-1. Passed 3-10-97.)
   (b)   Permits shall be issued for one (1) year only and shall expire January 1 of each year, regardless of the date originally issued during the year. Permits will be issued subject to structural inspection if deemed necessary by the Zoning Administrator.
   (c)   Permit fees shall be determined pursuant to the Schedule of Fees, as adopted by the City Council. Waiver of any fees for governmental or community service units is subject to Council approval.
   (d)   The City's Planning Commission shall review all applications for permits to determine the impact upon the surrounding neighborhood, including vision clearance, and safety. Also, the size, height, location, and positioning shall be reviewed to protect the general landscape and recreational uses of the neighborhood.
   (e)   In those few instances when off-site signs shall be permitted, such signs shall not in any instance violate the following conditions:
      (1)   Such signs shall not be within one thousand (1,000) feet of an existing residential structure on the same side of the street.
      (2)   Such signs shall not be closer than one thousand (1,000) feet to another advertising structure on the same side of the street.
   (f)   Off-site signs may be permitted in Industrial Districts, subject to the conditional use provisions of Chapter 1262, and subject to the following conditions:
      (1)   Freestanding off-site signs shall not be placed closer than one thousand (1,000) feet from any Residential District other than a Residential Agricultural District.
      (2)   Off-site signs may be either non-illuminated or illuminated, but non-flashing, provided that the direct source of light is in such a manner that it is not visible from the street or any adjoining residential property.
      (3)   No off-site sign shall exceed a height of fifteen (15) feet or a length of thirty (30) feet, nor shall there be less than ten (10) feet to its lowest edge from the curb level of the street or more than twenty-five (25) feet to the top of the sign.
   (g)   Each permit application shall be subject to site plan review consistent with all other Zoning Code provisions, made and provided, and consistent with districts affected.
(Res. 24-95. Passed 2-13-95; Ord. 95-5. Passed 7-10-95; Ord. 2002-05. Passed 6-24-02; Ord. 2024-05. Passed 3-11-24; Ord. 2024-08. Passed 10-28-24.)

1292.12 PORTABLE SIGNS IN COMMERCIAL AND INDUSTRIAL DISTRICTS.

   (a)   A "portable sign" is defined as any sign that is not affixed to a building or the grounds upon which it is situated or located, and such signs may be permitted, provided that:
      (1)   No such sign shall exceed thirty-two (32) square feet in area.
      (2)   No such sign shall be placed upon or within the public right-of-way.
      (3)   Such a sign may be multiple sided.
      (4)   Such a sign may or may not be illuminated, but under no circumstances shall any such sign contain flashing lights, moving lights or lights determined by the Chief of Police to be dangerous to the safety of motorists or pedestrians using the immediate street or public right-of-way.
   (b)   Portable signs shall be allowed by permit only and such permits shall be signed by the Zoning Administrator or his or her designee, under the following conditions:
      (1)   Only one (1) permit shall be granted to an individual or business during any three-month period, regardless of where the sign may be located.
      (2)   All permits shall be issued for a period not to exceed two (2) weeks in duration.
      (3)   A permit will be issued for only one (1) sign per designated "Point of Sale."
      (4)   Permit fees shall be determined pursuant to the Schedule of Fees, as adopted by the City Council.
(Res. 24-95. Passed 2-13-95; Ord. 95-5. Passed 7-10-95; Ord. 2002-05. Passed 6-24-02; Ord. 2007-04. Passed 10-8-07; Ord. 2010-10. Passed 8-9-10; Ord. 2024-05. Passed 3-11-24; Ord. 2024-08. Passed 10-28-24.)

1292.13 TEMPORARY WINDOW SIGNS IN C-1, C-2, C-3, AND I, COMMERCIAL AND INDUSTRIAL DISTRICTS.

   (a)   Window signs shall not exceed eight (80) percent of the total window area for each wall of the building.
   (b)   Such temporary window signs shall not be subject to the permit requirements of this chapter.
   (c)   Such temporary window signs shall not display any material listed in Section 1292.16(a).
   (d)   With the issuance of a temporary sign permit, each site may display temporary window signs which follow the regulations of divisions (a), (b), and (c) above, up to a period of ninety (90) days.
(Ord. 2024-05. Passed 3-11-24; Ord. 2024-08. Passed 10-28-24.)

1292.14 A-FRAME SIGNS LOCATED WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY AREA.

   (a)   A-frame signs are permitted in all commercial zoning districts and in all residential zoning districts provided that the subject sign is in association with a permitted special land use.
   (b)   Permitted Sign Types.
      (1)   Signs shall be an A-frame type with multiple (minimum of two (2)) or one (1) continuous hinge across top.
      (2)   Signs must be portable and are intended to be set on the sidewalk.
   (c)   Signs shall have a maximum height of forty-two (42) inches and a maximum width of twenty-four (24) inches. The minimum height of an a-frame sign shall be not less than thirty-six (36) inches and a minimum width of not less than twenty (20) inches.
   (d)   Design.
      (1)   All a-frame signs shall be maintained in a high-quality state.
      (2)   Signs are to have a flat surface.
      (3)   Signs shall have no more than two (2) sign faces.
      (4)   Signs shall not be illuminated, animated, have moving parts, or be electrically powered in any way.
      (5)   Signs shall contain a device (such as a chain, rope, cable, etc.) to prevent sign panels from spreading open and collapsing onto the ground.
      (6)   Signs may be a silhouette cut into a shape. Protruding features extending beyond the limits of the sign area that could cause a hazard to pedestrian traffic are not permitted.
   (e)   Construction Materials.
      (1)   Signs shall be constructed using quality exterior sign board materials.
      (2)   Suggested materials: MDO board, Centrex, Alumiply, high density foam board, plastic (with weights).
      (3)   Materials not recommended (due to temporary exterior quality): Cardboard, OSB, plywood, Coraply, or Masonite.
      (4)   Signs shall not be constructed from materials that may cause a hazard to pedestrian traffic.
      (5)   Signs constructed with light materials such as plastic shall be weighted so they can remain stationary on windy days.
      (6)   Sign panels that are loose or lightly attached are not permitted.
      (7)   Items that are attached loosely or lightly to the sign panels are not permitted.
   (f)   Installation.
      (1)   Each building, including buildings with more than one (1) tenant, with exterior frontage is permitted to display one (1) A-frame sign at a time.
      (2)   Placement on landscaped areas in front of business, between frontage of building and sidewalk, is permitted. However, signs are not permitted in landscaped areas between sidewalk and curb.
      (3)   If a business owns private property between the building and the sidewalk, the sign must be located in this area.
      (4)   A-frame signs do not have permanent fixtures. Therefore, they are placed outside of the business only during business hours and must be removed and placed indoors daily for storage after the close of business.
      (5)   Location of sign must be within fifteen (15) feet of the business entry on the sidewalk as far from the curb as possible and within business frontage of the building. Signs are not permitted to restrict the width of permissible sidewalk egress from the City's minimum commercial sidewalk width requirements.
      (6)   Signs are not permitted to be placed in front or adjacent to another business, commercial enterprise, or vacant land. In addition, placement of such signs is prohibited on City property (except within the permitted sidewalk right-of-way), including but not limited to parking lots, streets, or alleys.
   (g)     Examples of Signs
 
   (h)    Maintenance. A-frame signs must conform to the requirements set forth in Section 1292.16 (a).
   (i)    Approval. Approval of A-frame signs are subject to the permit requirements of Section 1292.03 .
   (j)   Exceptions. Requests for exceptions from the regulation of A-frame signs are subject to the administrative review requirements of Section 1292.03 .
(Res. 24-95. Passed 2-13-95; Ord. 2002-05. Passed 6-24-02; Ord. 2007-04. Passed 10-8-07; Ord. 2024-05. Passed 3-11-24; Ord. 2024-08. Passed 10-28-24.)

1292.15 LEGAL NONCONFORMING SIGNS.

   (a)   A nonconforming sign may be continued and shall be maintained in good condition as described elsewhere in this section, except that a nonconforming sign shall not be structurally altered or repaired so as to prolong its life or as to change its shape, size, type, or design unless such change shall make the sign conforming; nor shall a non-conforming sign be replaced by another non-conforming sign.
   (b)   Notwithstanding anything else in this chapter, any sign structure that is without a sign for more than ninety (90) days must be removed.
   (c)   Loss of Legal Nonconforming Status.
      (1)   A legal nonconforming sign shall immediately lose its legal nonconforming designation if:
         A.   The sign is altered in any way in structure or copy, except for changeable copy signs and normal maintenance, which alteration tends to or makes the sign less in compliance with this chapter than it was before the alteration.
         B.   The sign is relocated, moved, or adjusted to a position making it less in compliance with the requirements in this chapter, e.g. within the required setback or the clear vision zone area.
         C.   The sign is replaced.
      (2)   Upon the loss of legal nonconforming status, the sign shall be brought in conformance with the standards of this chapter within ninety (90) days.
   (d)   Pole/Pylon Sign Conversion. Existing nonconforming pole/pylon signs that are converted into ground-mounted/monument signs are permitted a size bonus of twenty (20) percent of the total maximum allowable area of the sign, no greater than seventy-two (72)-square feet of maximum allowable area.
   (e)   Maintenance and Repair. Nothing in this section shall relieve the owner or user of a legal nonconforming sign or the owner of the property on which the legal non-conforming sign is located from the provisions of this chapter regarding safety, maintenance and repair of signs. However, no repainting, cleaning or other normal maintenance or repair of the sign or sign structure shall modify the sign structure or copy in any way which makes it more nonconforming. In such a case, the sign may lose its legal non-conforming status.
(Res. 24-95. Passed 2-13-95; Ord. 2002-05. Passed 6-24-02; Ord. 2007-04. Passed 10-8-07; Ord. 2024-05. Passed 3-11-24; Ord. 2024-08. Passed 10-28-24.)
1292.16 REMOVAL AND DISPOSITION OF SIGNS.
   (a)   Maintenance and Repair of Signs. All signs and all components thereof, including, without limitation, supports, braces, and anchors, shall be kept in a state of good repair. With respect to freestanding signs, components (supporting structures, backs, etc.) not bearing a message shall be constructed of materials that blend with the natural environment or shall be painted a neutral color to blend with the natural environment. If the Code Enforcement Officer determines that any sign is unsafe or insecure, or is a menace to the public, he or she shall give written notice to the owner, agent, or person having the beneficial interest in the building or the premises on which such sign is located shall be a violation of this chapter.
   (b)   Abandoned Signs. Except as otherwise provided in this chapter, any sign which is located on property which becomes vacant and unoccupied for a period of three (3) months or more, or any sign which pertains to a time, event or purpose which no longer applies, shall be deemed to have been abandoned and in violation of this chapter. Permanent signs applicable to a business temporarily suspended because of a change of ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a period of six (6) months or more.
   (c)   Dangerous or Defective Signs. No person shall maintain or permit to be maintained on any premises owned or controlled by him or her any sign which is in a dangerous or defective condition. Any such sign shall be a violation of this chapter.
   (d)   Street Improvement Projects. Any sign projecting over a public right-of-way on the effective date of this chapter, which sign was subject to removal or relocation at the owner's expense pursuant to a permit or other ordinance of the City, shall be removed by the owner or altered at the owner's expense to comply with this chapter if, as the result of or after completion of a street improvement project, such sign does not or would not comply with this chapter.
   (e)   Signs Placed within the City Right-of-Way. All signs in the City of Davison are subject to Section 1292.03 of this Zoning Code, which states that no person shall erect, alter, relocate, enlarge, or convert any sign in the City without first obtaining a sign permit. Furthermore, failure to obtain a sign permit is subject to Section 1262.99 of this Zoning Code which states that the City may take additional lawful action that is necessary to prevent or remedy any violation of this Zoning Code.
   (f)   Enforcement. The Code Enforcement Officer or their designee shall be tasked with enforcement of this chapter and any violation deemed by the Code Enforcement Officer or their designee shall be considered a nuisance per se and a municipal civil infraction subject to Section 1262.99.
   (g)   Disposal of Signs; Fees.
      (1)   Any sign removed by the Code Enforcement Officer or their designee pursuant to this division (g) of this section shall become the property of the City and may be disposed of in any manner deemed appropriate by the City. The cost of removal of the sign by the City shall be considered a debt owed to the City by the owner of the sign and the owner of the property, and may be recovered in an appropriate court action by the City or by assessment against the property as hereinafter provided. The cost of removal shall include any and all incidental expenses incurred by the City in connection with the sign's removal.
      (2)   All costs incurred by the City in removing signs not in accordance with this chapter shall become a lien on the property on which said sign is erected and may be collected from those responsible for said sign or equity by foreclosure and sale of the land upon which the sign was erected or may be assessed to the property the sign was erected and collected as a property tax.
(Res. 24-95. Passed 2-13-95; Ord. 2002-05. Passed 6-24-02; Ord. 2007-04. Passed 10-8-07; Ord. 2010-08. Passed 3-8-10; Ord. 2024-05. Passed 3-11-24; Ord. 2024-08. Passed 10-28-24.)

1292.17 SUBSTITUTION CLAUSE.

   The owner of any sign which is otherwise allowed by this sign ordinance may substitute non-commercial copy in lieu of other commercial or non-commercial copy. This substitution of copy may be made without any additional approval or permitting. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over non-commercial speech, or favoring of any particular non-commercial message over any other non-commercial message. This provision prevails over any more specific provision to the contrary.
(Ord. 2024-05. Passed 3-11-24; Ord. 2024-08. Passed 10-28-24.)

1292.18 SEVERABILITY CLAUSE.

   If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this Zoning Code is for any reason declared invalid, such decision shall not affect the validity or enforceability of the remaining portions of this Zoning Code.
(Ord. 2024-05. Passed 3-11-24; Ord. 2024-08. Passed 10-28-24.)
1292.19 SUPPLEMENTARY GRAPHICS.
Figure 1
 
Figure 2
 
Figure 3
 
Figure 4
 
(Ord. 2024-05. Passed 3- 11-24; Ord. 2024-08. Passed 10-28- 24.)