Dexter City Zoning Code

Public safety.

Character and quality of life. Achieving and maintaining attractive, orderly, and desirable places to conduct business, celebrate civic events, entertain people, and provide for housing opportunities is directly related to the stability of property values needed to provide and finance quality public services and facilities within the City. This article intends to allow signs that are of sufficient, but not excessive, size to perform their intended function as necessary to provide and maintain the City's character and support neighborhood stability. Signs that contribute to the visual clutter, contribute to the potential conflict between vehicular and pedestrian traffic, and distract from scenic resources and views, will be prohibited in efforts to preserve the character, aesthetic qualities, and unique experience within the City. It is also the intent of this article that signs will reflect the character of unique districts as may be established by the City's Master Plan, other adopted plans, or this article and other parts of this Zoning Ordinance.

Economic development and property values. The establishment of the restrictions in this article has a direct relationship to creating stability and predictability, allowing each private interest to secure reasonable exposure of signage, and thus promoting business success. The application of the restrictions in this article allows businesses to reasonably command attention to the content and substance of their messages while concurrently allowing the promotion of other visual assets, including (without limitation) landscaping and architecture, all of which contribute to economic development and property value enhancement.

Avoidance of nuisance-like conditions. Due to the concentration of people and activities, there is a potential for, blight, physical clutter, and visual clutter in the City. The result of these conditions leads to diminished property values, reduced attractiveness of the community, and reduced quality of life within the districts. Minimum regulations that substantially relate to signage are important and necessary for the maintenance and well-being of positive conditions, good character, and quality of life in the City. Ultimately, these regulations are compelling and important for the protection of all public health, safety, and welfare, as described below:

Property identification for emergency response and wayfinding purposes. Locating a business or residence by police, fire, and other emergency responders can be a matter of life and death, and thus it is a compelling interest to ensure that proper, understandable, unambiguous, and coordinated signage be permitted and required, and specifications for such purposes can be accomplished in a simple and narrow manner. Wayfinding for vehicular and pedestrian purposes is also a compelling interest to avoid confusion in public rights-of-way, and unnecessary intrusions on private property. Sign specifications for such wayfinding can be coordinated with property identification for such emergency and other purposes.

Maintaining unique character of areas of the City. This article acknowledges the unique character of certain areas and districts, and establishes special time, place and manner of regulations that reflect the unique aesthetic, historical, and/or cultural characteristics of these areas/districts.

Protection of the right to receive and convey messages. The important governmental interests and regulations contained in this article are not intended to target the content of messages to be displayed on signs, but instead seek to achieve non-speech objectives. In no respect do the regulations of signage prohibit a property owner or occupant from an effective means of conveying the desired message. Nothing in this article is intended to prohibit the right to convey and receive messages, specifically noncommercial messages such as religious, political, economic, social, philosophical, or other types of speech protected by the First Amendment of the United States Constitution.

All signs shall be erected and maintained in compliance with all applicable building codes, and other applicable ordinances governing construction within the City. In the event of conflict between this section and other laws, the most restrictive shall govern.

All signs shall be placed so as to not interfere with the visibility or effectiveness of any official traffic sign or signal, motorist or pedestrian, or the clear vision are required in § 65-5.01D.

No sign shall be erected, relocated, or maintained so as to obstruct firefighting or prevent free access to any door, window, or fire escape.

No sign shall be illuminated by other than electrical means.

The light from illuminated signs shall be directed in a manner that will not interfere with vehicular traffic or with the enjoyment or use of adjacent properties, nor directly shine onto adjacent or abutting properties. Illuminated signs adjacent to residentially zoned or used property shall be designed and maintained such that illumination levels do not exceed 0.1 foot-candle along the adjacent property line. All externally illuminated signs shall have a shielded light fixture.

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 operated as to create an appearance or illusion of writing or printing.

No exposed reflective type bulbs and no strobe lights or incandescent lamps shall be used on the exterior surface of any sign so as to expose the face of the bulb, light, or lamp to any public road or adjacent property.

The illumination provisions above shall not apply to sign lighting systems owned or controlled by any public agency for the purpose of directing traffic.

Neon lighting is prohibited outside of the sign structure and shall not be permitted as accent lighting along a building wall or window.

Awning signs shall not be "back-lit."

Beacons.

Pennants.

Portable signs, including those mounted on vehicles, except as otherwise permitted by this Zoning Ordinance.

Roof signs.

Inflatable signs and tethered balloons.

Animated signs, including signs containing flashing, intermittent or moving lights or with moving or revolving parts.

Signs affixed to trees, rocks, shrubs, or natural features.

Signs which imitate traffic signals, traffic direction signs, or similar traffic control devices or signs which make use of words such as "Stop," "Look," "Danger," or any other words, phrases, symbols, or characters, in such a manner as to interfere with, mislead or confuse traffic.

Permanent signs (other than those erected by a public agency with a permit from the City of Dexter) which are located within or overhang the public right-of-way or on public property unless specified elsewhere in these regulations.

Any strobe, flashing, or oscillating lights either from the interior or exterior of a building.

Moving signs. Except as otherwise provided in this article, no sign or any portion thereof shall be permitted which moves or assumes any motion constituting a non-stationary or fixed condition except for the rotation of barber poles, and except currently licensed vehicles and trailers which have painted upon them in a permanent manner the name of the product which they deliver and/or the name and address of the owner.

Abandoned signs. A sign which, for six months or more, that is located on a vacant property or serves a building that is vacant shall be presumed to be abandoned and shall be deemed a nuisance per se.

Signs which emit audible sound, odor, or visible matter.

Exterior string lights used to advertise a commercial premises, except for outdoor services areas with a permit from the City per § 65-14.74, Outdoor service areas.

Any sign erected on a tree or utility pole.

Awning signs with rear illumination.

Vehicular signs.

Suspended signs.

Any sign or sign structure which is structurally unsafe; constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation, or abandonment; is not kept in good repair; or is capable of causing electrical shocks to persons likely to come in contact with the sign or sign structure.

Signs erected for traffic safety purposes by public road agencies.

Painting, repainting, cleaning, and other normal maintenance and repair of a sign or any sign structure unless a structural change is made.

Integral signs, not to exceed a maximum area of six sq. ft.

Paper notices placed on kiosks as approved by the City.

Flags, when the following regulations are met:

Permanent signs on vending machines or ice containers, provided that such devices must be located within 10 feet of the building.

Permanent window signs on the premises of retail establishments up to four sq. ft. Temporary window signs shall meet the requirements in § 65-7.07.

Banner signs installed by the City. Such signs shall be attached top and bottom or on two sides to permanent structural members on a post or building erected for another purpose. Such signs require the permission of the City Manager.

Residential wall plates, not to exceed a maximum area of two sq. ft.

Within all non-residential zoning districts, only one ground sign shall be permitted per zoning lot, with the following exceptions:

One ground sign may be permitted at the primary entrance of a one-family subdivision, site condominium development, multiple-family development, or mobile home park.

Within the R-1, MF and MHP Zoning Districts, one ground sign may be permitted per zoning lot where a non-residential special land use has been approved. One additional ground sign may be permitted at a secondary entrance if it is not located on the same road as the primary entrance. Size and location shall be determined during site plan review.

One freestanding identification may be on the premises of a shopping center, office park, industrial park or other integrated group of stores, commercial buildings, office buildings or industrial buildings, that meet the following standards:

Within all PUD Districts, the number and size and location of ground signs shall be determined by the intended use of the premises, subject to the review and approval of the City during PUD plan review.

Ground signs shall be set back a minimum of 10 feet from all road rights-of-way and shall be located no closer than 15 feet from the edge of the principal entrance driveway and all property lines.

All internally illuminated ground signs shall have a darker background than the lettering. If a ground sign has an opaque background and only the letters are illuminated a ground sign may have a non-illuminated light background.

The support structure for a ground sign shall not exceed 25% of the maximum permissible area of the sign measured by viewing the elevation of the sign perpendicular to the sign face, unless otherwise approved during the site plan review process.

Up to two additional signs may be permitted for businesses with a drive-through component. Such signs shall not exceed 15 sq. ft. in area per sign, per face or six feet in height and shall be located only on internal drives to serve the drive-thru portion of the development.

Up to four additional signs to direct the flow of pedestrian and vehicular traffic on private property in the RD, I-1, BRC and ARC zoning districts may be permitted. These signs shall be located at driveway entrances or internal drives and may be illuminated, in accordance with § 65-7.02C. These signs shall require a zoning compliance permit, in accordance with § 65-7.11, and comply with the following schedule:

Within all non-residential, use-based zoning districts, a combination of building signs may be established not to exceed the maximum sign area per "Table B" for each zoning lot (for a single business), with the following exception:

Within all PUD Districts, the number and size of wall signs shall be determined by the intended use of the premises, subject to the review and approval of the City, during PUD plan review.

Building signs are not permitted above the first floor.

Awnings must be over doorways or windows. Awning signs and awning shall be limited to three colors. Black and white are defined as colors. Awnings with graphics will be considered an awning sign and may not exceed the allowable square footage of signage.

Ground signs.

Building signs.

Projecting. Within the VC, CBD, ARC and BRC Zoning Districts, one projecting sign may be permitted for each first-floor business when the following standards are met:

One temporary freestanding sign shall be permitted per premise, except those signs where additional number is permitted in the time frame and conditions specified in § 65-7.07D.

Temporary signs shall not be illuminated.

Temporary freestanding signs shall meet the requirements within each zoning district according to the following schedule, except those signs where additional area is permitted during the time frame and conditions specified in § 65-7.07D.

Temporary signs for windows are allowed in conjunction with a commercial establishment, provided they do not, individually or combined with other window signs, exceed 30% of the total area of the display window or 16 sq. ft., whichever is less. Temporary window signs are permitted on ground floor windows only.

In the CBD Zoning District, temporary and permanent window signs shall not exceed 33% of the total window area.

Temporary signs shall be constructed of durable, all-weather materials and designed to remain in place and in good repair so long as they remain on display.

Temporary signs on private property must be setback five feet from public property or the road right-of-way.

The maximum display time of temporary signs is 30 days unless additional time is granted under Subsection F.4, 5 or 6. After this time expires, the sign shall be removed. Once the temporary sign is removed, there shall be a gap of at least 30 days between display of a temporary sign on the same property.

In recognition that there is a need for additional expression of speech prior to a scheduled election, the following applies for a period of 60 days prior to and three days after a City-designated election day on which there is at least one ballot item: the maximum allowable area of temporary signs shall be increased to 64 sq. ft. per premise in all districts. The maximum area of an individual sign remains as stated in the table above during this period.

When all or a portion of a building or land area is listed for lease or when all or a portion of a building or land area is listed for sale, the maximum display time of freestanding temporary signs for all uses and temporary signs mounted on buildings for all uses except residential uses shall be the duration the building, building unit or land is listed for lease or for sale. The sign area shall not exceed 32 sq. ft. per side.

When all or a portion of a parcel is under construction, the following regulations apply:

Size. Maximum height shall be four feet. Maximum width shall be two feet.

Location.

Number of portable signs.

Hours. Portable signs may be utilized during hours of operation only. Portable signs left on the sidewalk or outside overnight shall result in revocation of zoning compliance sign permit or fines. Fines must be paid prior to continuation of use of sandwich board signs.

Materials/design.

Illumination. Illumination is prohibited.

Insurance. The City accepts no liability for any injury or damage caused by a sidewalk sign. One million dollars ($1,000,000) of general liability insurance, naming the City as an additionally insured, must be submitted along with the portable zoning compliance sign permit for signs proposed for placement in the right-of-way and on public property.

Permitting/review process. All sandwich boards require submission of an application, fee, and issuance of a permit. Signs requiring insurance require proof of valid and current insurance for the time of the zoning compliance sign permit request, unless otherwise noted on the zoning compliance sign permit application. Zoning compliance sign permit application fees to be established by the City Council.

No person shall be required to remove a sign which was erected in compliance with previous regulations of this article if said sign becomes non-conforming due to a change occurring after the original adoption of this article, or in the location of buildings, roads or other signs, which change is beyond the control of the owner of the sign and the premises on which it is located.

If the owner of a sign or the premises on which a sign is located changes the location of a building, property line, or sign, or changes the use of a building so that any sign on the premises is rendered non-conforming, such sign must be removed or made to conform to this article.

Any lawful nonconforming sign shall be permitted to continue to exist, so long as the non-conforming sign:

In the case of a legal non-conforming sign without a defined background (such as individual letters or symbols mounted directly on a building, or lettering on an awning), changes may be made to the letters or symbols, so long as the overall area of the sign is not increased. In such situations, an amended zoning compliance zoning compliance sign permit application shall be filed with the zoning administrator.

Changes to the words or symbols used on a non-conforming sign may be made if an amended zoning compliance zoning compliance sign permit application is filed with the Zoning Administrator. In such cases, the message may be changed without affecting the legal non-conforming status, as long as neither the sign structure nor frame is changed.

A scale drawing of each sign that shows the dimensions of the sign, the height of the sign, design of the sign and lettering, dimensions of the lettering, the type of materials to be used for the sign and its support system, type of illumination, and color.

A scale drawing of the site or building, showing the placement of all signs, both existing and proposed. This drawing shall include all the dimensions of the site or building.

Detailed information about other existing signs on the property, including dimensions of the sign, the height of the sign, design of the sign and lettering, dimensions of the lettering, the type of materials used for the sign and its support system, type of illumination, and color. The application shall also indicate whether the existing sign is to remain or be removed.

The consenting signature of the property owner.

The zoning compliance sign permit fee paid in accordance with the current fee schedule, adopted by the City Council.

To install, create, erect, or maintain any sign in a way inconsistent with the terms of this chapter or that is inconsistent with any plan or zoning compliance sign permit governing such sign or the zoning lot on which the sign is located;

To install, create, erect, or maintain any sign requiring a zoning compliance sign permit without such a permit;