The purpose of this Article is to promote the health, safety and welfare of the residents of the City of Eaton Rapids through the regulation of the installation, construction, maintenance and design of signs and outdoor advertising in a manner which will minimize their harmful effects and to make sure that signs are compatible with their surroundings and aesthetically enhance the community in a way that preserves and enhances property values, encourages high standards in sign design through the use of well maintained, legible and attractive signs, while permitting latitude of creative and effective advertising and business identification. Further, the intent of this Article is:

A.

To prevent the number of public and private sign messages from exceeding a level reasonably necessary to identify businesses and their products, aid orientation, and promote education and local history.

B.

To prevent the placement of public and private signs in a manner that will conceal or obscure signs or adjacent buildings.

C.

To keep public and private signs within a reasonable scale with respect to their surroundings.

D.

To keep the areas adjacent to streets clear of public and private signs, which might obstruct the view or distract the attention of motorists.

E.

To ensure that the number, size, and location of public and private signs do not create a negative impact on the image or aesthetic environment of the city and to reduce visual clutter.

F.

To control the use of public and private signs and their motions, colors, and illumination which may negatively affect property values and may be injurious to the mental and physical well-being of the public.

G.

To identify proper maintenance of public and private signs to protect the aesthetic nature of the districts.

H.

To encourage public and private signs appropriate to the zoning districts in which they are located.

(Ord. No. 2005-14, 10-24-05)

Abandoned signs: A sign that is attached or related to an activity, business or usage of a premises that has discontinued for a period of one hundred eighty (180) days or longer.

Awning/canopy sign: A sign contained on an awning or canopy.

Banner: A temporary sign of lightweight fabric or similar material that is mounted to a pole, between poles, and or a building.

Billboard sign: A large, standardized third-party, off premise structure displaying advertising intended for viewing from extended distances.

Business or business development: One (1) or more uses within a building or buildings using common parking.

Changeable message sign, electronic: a sign that provides a static or changing display created by electronic means such as lights, television, liquid crystal display or light emitting diode.

Changeable message sign, manual: a reader board attached to a sign or the exterior of a wall where the copy is changed manually.

Center identification sign: a sign which provides identification to a commercial, office, professional or industrial center containing more than one (1) business establishment, whether or not under single management.

Decorations: Temporary displays used on a seasonal basis or to observe religious, state or federal holidays.

Directional sign: A sign designed to provide direction to pedestrian or vehicular traffic.

Essential public service sign: A sign denoting utility lines, railroad lines, public hazards and precautions.

Flag: A cloth, or cloth-like material, rectangular in shape bearing an official insignia.

For sale sign: A sign that temporarily advertises an item or service for sale.

Ground sign/pole sign: A permanent sign that is not attached to a building and sits on a support structure.

Highway/street sign: A sign installed in the public right of way with the authorization of the government for the purpose of identifying a street or providing directional type information.

Historic sign: A sign designating a site as recognized by the state historical commission or local designating body as a centennial farm or historic landmark, provided that the sign meets all the conditions and requirements for the zoning district in which they are located.

Inflatable balloon: A round or custom shaped bag filled with cold air or helium in order to hold its form.

Light string: A length of electrical cable manufactured with light bulbs directly attached at set intervals, used as decorations (see definition of decoration).

Mansard sign: A sign that is mounted on architectural features projecting from the wall of a building intended to resemble or imitate a mansard roof.

Memorial sign: A sign or tablet that is cut into the face of a masonry surface, or constructed of cast metal and located flat on the face of a building.

Monument sign: A free standing permanent sign that is not attached to any building. It is supported by uprights or braces or some object on the ground. A monument sign has no clearance between the bottom of the sign and the established grade.

Non-conforming sign: A sign that was legally erected and maintained but does not comply with subsequently enacted sign restrictions.

Off-premise sign: A sign which identifies a use or advertises a product or service not available on the premises on which the sign is located.

On-premise sign: A sign advertising a business, service or product sold or produced on the same premises on which the sign is located.

Painted wall sign: A sign painted directly on a building surface.

Political and point of view sign: A temporary sign used in conjunction with local, state or national election, referendum or expressing a point of view.

Pennants/streamers: Triangular flags or narrow strips of colored material attached to a rope or cord.

Portable sign: A sign that is not permanently attached to the ground or a building, designed to be transported with or on a trailer or in the bed of a truck.

Project sign: A sign that announces a new building project, either new construction or additions and can include the names of the companies and/or individuals involved in the construction.

Projecting sign: A building mounted sign with the faces of the sign projecting perpendicular to the building facade.

Real estate sign: An on-premise temporary sign advertising the property or structures availability for sale or lease.

Right of way (ROW): The land on which a public thoroughfare is located and certain lands adjacent to a public thoroughfare.

Roof sign: A sign mounted on, and supported by the roof of a building.

Sandwich board: A sign not secured or attached to the ground or surface upon which it is located, but supported by its own frame.

Set back: The distance a sign must be located from the established right-of-way and lot lines.

Sign: Any device visible from a public place which displays either commercial or noncommercial messages by means of graphic presentation of alphabetic or pictorial symbols or representations.

Sign face: The area of a sign on which messages are placed.

Square footage: The size of a sign determined by common mathematical formula using the outside measurements of the sign cabinet or sign face edge. Supports, frames and/or decorative architectural features are counted toward the square footage of the sign.

Temporary sign: Any sign not intended for permanent installation. Including but not limited to: inflatable balloons, sandwich board signs, banners, decorations, for sale signs, light strings, political and point of view signs, pennants and streamers, portable signs, real estate signs, project signs, and wind blown devices.

Time and temperature sign: A sign which displays the current time and outdoor temperature only.

Vehicle business sign: A vehicle upon which a sign is painted or attached primarily for the purpose of advertising a service or product.

Wall sign: A sign fastened to the wall of a building with the exposed face of the sign in a plane approximately parallel to the plane of the wall to which it is attached: Wall signs shall not extend more than twelve (12) inches beyond the surface of the wall to which it is attached.

Windblown device: Any manmade device intentionally designed to visibly and physically move when blown in the wind, such as windmills, pinwheels or flamingos with spinning wings.

Window sign: Any sign that is applied, affixed or attached to the interior or exterior of any window pane or adjacent structures and visible from the exterior of the window.

(Ord. No. 2005-14, 10-24-05)

It shall be unlawful for any person to erect, re-erect, alter, repair, remodel, or relocate any sign, except as otherwise identified in this Article, unless a sign permit has first been obtained from the building inspector.

(Ord. No. 2005-14, 10-24-05)

A.

Permit application. Applications for sign permits shall be made upon application forms provided by the city for this purpose.

B.

Application action. Within ten (10) business days of submission of a completed application for a sign permit, the building inspector shall either:

1.

Issue the sign permit if the application is properly completed and the subject sign conforms to the requirements of this Ordinance.

2.

Deny the sign permit if the sign(s) that is the subject of the application fails to conform with this Ordinance. The city shall supply the applicant in writing the basis for denial.

C.

Fees. The application for a sign permit shall be accompanied by the fees as established by the city council.

(Ord. No. 2005-14, 10-24-05)

The following standards shall apply to all signs:

A.

Where the faces of a sign are separated to accommodate a light box, only one (1) face shall be used to determine the square footage of the sign. If the faces are farther apart than reasonably necessary to accommodate a light box, all faces shall be measured separately and the total of all faces shall determine the square footage of the sign.

B.

Ground/pole signs shall have a minimum clearance of eight (8) feet and a maximum height of twenty (20) feet as measured from the ground to the highest point of the proposed sign.

C.

Monument sign, shall be no more than six (6) feet tall and no closer than one-half (frax;1;2;) of the required front yard setback and, if on a corner, it shall also comply with all clear vision setback requirements.

D.

Measurement. The square footage of a sign is based on the edge-to-edge outer measurement and includes the frame and display area of the sign. The frame shall be included in all measurements.

E.

Lighting shall be installed so as to not interfere with utility lines, traffic circulation, fire lanes, or the visibility of drivers and shall comply with lumen standards set forth in the building code.

F.

Maintenance of signs. All signs shall be securely affixed to the premises where located and shall be maintained in good repair.

G.

Legible. All signs shall be designed to be read and understood by a reasonable person traveling at the posted speed.

H.

Setbacks in residential zoning districts. All signs located in the residential zoning districts shall be no closer than one-half (½) of the required front yard setback and no closer than fifteen (15) feet to any side property line, unless otherwise provided for in this Ordinance.

I.

Zoning and setback requirements. Signs shall comply with the provisions found in other articles of the Zoning Ordinance, including setback, general standards, design standards, and the provisions of the individual zoning districts.

J.

Projecting signs. All projecting signs shall be securely attached to the building and shall not protrude over any public right away by more than five (5) feet, as measured from the building front and vertical clearance shall be a minimum of eight (8) feet as measured from the ground.

K.

Construction standards.

1.

All signs, as permitted in the various zoning districts shall be designed to be compatible with the character and range of building materials and landscaping for the zoning district in which they are located so as to promote an overall unified effect.

2.

Signs shall not be constructed from materials that are remnants or manufactured for a different purpose,

3.

Signs shall not be constructed of materials that are reflective of light,

4.

All signs shall be constructed in accordance with the requirements of the applicable building and electrical codes, as amended.

L.

Dangerous signs. If a sign presents a hazard to public safety, life or property, the sign owner shall take immediate action to have it removed. In the event the sign owner cannot be reached, the building official or other responsible city official may cause the removal of any dangerous sign without further notice.

M.

Enforcement. The provisions of this chapter shall be enforced in the manner provided elsewhere in this Ordinance.

N.

Appeals. The zoning board of appeals shall have the power to hear and decide appeals resulting from the denial of an application or where it is alleged by the appellant that there is and error in any order, requirement, decision or determination made by the building official.

(Ord. No. 2005-14, 10-24-05)

The following signs shall be exempt from sign permit requirements.

A.

Normal maintenance and repair of a permitted or authorized sign.

B.

Change of lettering or display panels which does not substantially alter the character or nature of the sign.

C.

Real estate signs on any premises, provided such signs do not exceed six (6) square feet in area.

D.

Highway or street signs erected by any governmental agency authorized to erect such signs.

E.

Signs erected by or at the direction of governmental agencies designating hours or conditions for use of public parks, parking lots, recreational areas governmental buildings, or other public areas.

F.

Directional signs erected in conjunction with private off-street parking areas and drives, provided each sign does not exceed four (4) square feet in area and is limited to traffic control functions.

G.

Historic signs provided that the signs meet all the conditions and requirements for the zoning district in which they are located.

H.

Signs posted to control or prohibit hunting or trespassing within the boundaries of the land on which they are located, provided such signs do not exceed four (4) square feet in area.

I.

Essential public service signs denoting utility lines, railroad lines, hazards, precautions and other signs that are deemed necessary to protect the public.

J.

Memorial signs or tablets which are either cut into the face of a masonry surface, or constructed of bronze or other similar material, when located flat on the face of a building. Such signs are limited to four (4) square feet.

K.

Project signs announcing site improvements. One (1) sign per construction project denoting architects, engineers, contractors, owners, or financial institutions connected with the work under construction provided that it does not exceed thirty-two (32) square feet in area, for the duration of the project and must meet all other conditions and requirements for the zoning district in which it is located.

L.

Open for business sign. Each business may have one (1) illuminated sign displayed from an interior window announcing they are open for business. Such sign shall be limited to six (6) square feet in size and shall contain no other message or advertising.

M.

Light strings. When not flashing or blinking when used as temporary decorations in connection with a holiday. Such decorations shall be removed within fifteen (15) days following the holiday with they are connected.

N.

Reserved.

O.

Flags. Limited to a total of three (3) in residential districts, and six (6) in all other districts.

P.

Political and point of view signs. Provided that such signs are not placed within the street right-of-way. In residential districts they shall be limited to a maximum of six (6) square feet and in non-residential districts they shall be limited to a maximum of thirty-two (32) square feet. Political signs supporting a candidate for public office may be posted no more than sixty (60) days prior to the election, and must be removed within seven (7) days following the election for the office in question. Point of view signs shall be removed after ninety (90) days.

Q.

Signs which are used to publicize church events, school events, civic events, public gatherings, picnics, and similar events, provided that such signs are erected for a period not to exceed ten (10) days and do not exceed twenty (20) square feet in area are permitted off-premise.

R.

Accessory professional or nameplate signs, provided they are less than one and one-half (1½) square feet in area.

S.

Garage/yard sales and open house signs provided they are no greater than four (4) square feet in size, are erected no earlier than the day prior to the event and are removed the day following the event are permitted off-premise.

T.

Public art. Including banners, posters, paintings, murals, sculpture, or other categories of art intended for temporary or permanent public display when commissioned by or under the direction and control of the city.

U.

In observance of the death of a member of the Eaton Rapids Community while on active duty for a branch of the armed services, the placement of decorative yellow ribbons within the street right-of-way, including the attachment to trees or utility poles shall be allowed, provided that a plan has been submitted detailing the location(s) of the observance and an individual or group has accepted responsibility for putting up and taking down the ribbons. An observance shall not remain up for more than ten (10) days and shall be supervised by the city and have the prior written approval of the mayor.

(Ord. No. 2005-14, 10-24-05; Ord. No. 2006-10, 11-27-06; Ord. No. 2008-1, 5-12-08)

A.

Any sign that does not conform to this Ordinance.

B.

Roof-mounted signs.

C.

Wind blown devices and signs with physically moving components.

D.

Any sign that interferes with, blocks the view of, or may be confused with any authorized traffic control sign or signal.

E.

Any sign attached to a utility pole, traffic control devise, another sign or any other similar object located in the public right of way or private property unless required for traffic control, public safety.

F.

Any lighting that interferes with the visibility of drivers is prohibited (Example: Directional spot lights used to illuminate sign faces, that become misdirected and point toward the road).

G.

Billboards.

H.

Any off-premise sign, except as provided for in section 22.30.

I.

Abandoned or obsolete signs. At the end of the one hundred eighty-day period of abandonment, sign and any supporting structure must be removed. Where the face is part of a larger center identification sign, the face shall be replaced with a blank face.

J.

Oscillating, flashing or blinking, including any sign that utilizes animation, chasing, flashing, scintillation, scrolling or running messages, fade, or any other effect which depicts movement.

K.

Illumination between the hours of 11:00 p.m. and 6:00 a.m. unless the business is open is restricted to the display of time, date or temperature.

L.

Portable signs, in residential districts and the Central Business District.

(Ord. No. 2005-14, 10-24-05)

Changeable message signs and time/temperature signs are permitted in: The Central Business, Mixed Use, General Business, and Local Business Zoning Districts. Both manual and electronic message signs shall conform to the following:

A.

Can be no larger than thirty-two (32) square feet in size in the Business and Mixed Use Districts and must conform to the size and placement requirements of section 22.45 for government, school or church signs in residential districts.

B.

Each copy display whether or not in a sequential message, shall be totally extinguished a minimum of one (1) second before a new copy display appears, and each copy display shall remain lit a minimum of ten (10) seconds.

(Ord. No. 2005-14, 10-24-05)

In the TRD, RD1, RD2, MFRD, and MHPD zoning districts only the following signs shall be permitted under the conditions set forth in this Ordinance:

A.

Identification signs.

1.

Multiple-family housing developments, planned unit developments, and condominium developments may have a sign identifying the name and address of the development, provided that it does not exceed twelve (12) square feet in area and six (6) feet in height.

2.

Residential subdivisions and manufactured housing parks may have one (1) sign located at each entrance road serving the subdivision identifying the name of the subdivision, provided that it does not exceed twenty (20) square feet in area and six (6) feet in height, and shall be no closer than one-half (½) of the required front yard setback requirement nor closer than fifteen (15) feet from any side property.

B.

Government, school and church signs. May have one (1) sign, provided that it does not exceed twenty-five (25) square feet and is not greater than six (6) feet in height.

C.

Home occupations and home based businesses.

1.

Home occupations. Signs for home occupations shall be no greater than one (1) square foot in sign area, shall only be placed on the wall of the residence used for such purposed, shall be non-illuminated, and shall be of a design and construction consistent with the same for the residence.

2.

Home based businesses. Signs for the home based businesses shall be no greater than three (3) square feet in sign area, shall only be place on the wall of the residence used for such purposes, shall be non-illuminated, and shall be of a design and construction consistent with the same for the residence.

(Ord. No. 2005-14, 10-24-05)

In the Central Business district only the following signs shall be permitted under the conditions set forth in this Ordinance:

A.

On-premise signs.

1.

Each business or business development may have up to two (2) signs at its primary pedestrian entrance. One (1) additional sign may be erected for each additional pedestrian entrance with a maximum of four (4) signs. The following signs are allowed:

i.

Ground sign/pole sign not to exceed fifty (50) square feet in area.

ii.

Wall sign not to exceed twenty (20) square feet. One (1) additional square foot shall be allowed for each additional linear foot of building frontage exceeding fifty (50) feet, but in no event may the sign exceed ten per cent (10%) of the surface of one (1) wall.

iii.

Projecting sign which may extend up to five (5) feet from the front of the building, may not exceed forty-five (45) square feet and must maintain a vertical clearance of eight (8) feet. The sign shall be located on the building as near as architecturally possible to the center of the business's linear street frontage. The building inspector shall have the authority to exercise discretion in the placement of signs in consideration of existing adjacent signs and to account for unique architectural features. In the event a business development houses more than one (1) business, an additional three (3) square feet of signage will be allowed for each additional business on the same sign.

iv.

Mansard, awning/canopy sign, the sign area of which shall not exceed twenty-five per cent (25%) of the total surface area or fifty per cent (50%) of the surface area of the leading edge.

2.

Retractable or roll-type canvas awnings with signage in conformance with the provisions of Article XIX, section 19.20 of the Zoning Ordinance may not have more than fifty per cent (50%) of their leading edge eligible for the placement of signage.

3.

A business or business development may have up to two (2) signs facing a street or parking area.

4.

A business or business development may not have more than one (1) of each type of each type of sign facing a street or parking area.

5.

A business or business development may not have more than one (1) ground sign/pole sign.

6.

For a business or business development, an additional area of interior window signs shall be permitted. No one (1) window sign shall exceed twenty (20) square feet in area, and the total of all window signs shall not exceed twenty-five per cent (25%) of the surface area of any given window.

B.

Temporary on-premises advertising signs.

1.

One (1) sandwich board sign shall be permitted per business development and shall be in new condition and good repair. The sign may not exceed fifteen (15) square feet with a maximum height of five (5) feet, a maximum width of three (3) feet. A sandwich board may only be displayed during business hours, shall be legible, shall not block the sidewalk or interfere with the right of way, shall be located adjacent to the building and be fixed with no moving parts.

2.

One (1) banner per business development which shall not exceed thirty-two (32) square feet in area. Banners shall be limited to thirty (30) consecutive days, a maximum of three (3) times per year. There shall be at least thirty (30) days between uses.

(Ord. No. 2005-14, 10-24-05)

In the Mixed Use District, General Business District and Local Business District only the following signs shall be permitted under the conditions set forth in this Ordinance:

A.

On-premises advertising signs. Each business or business shall be permitted to erect the following signs:

1.

A ground sign/pole sign not to exceed fifty (50) square feet in area. One (1) additional square foot is allowed for each additional linear foot of street frontage over one hundred (100) feet with a maximum sign area of seventy-five (75) square feet.

2.

Wall sign not to exceed twenty (20) square feet. One (1) additional square foot shall be allowed for each additional linear foot of frontage exceeding fifty (50) feet, but in no event may the sign exceed ten per cent (10%) of the surface of one (1) wall.

3.

Projecting sign which may extend up to five (5) feet from the front of the building, may not exceed forty-five (45) square feet and must maintain a vertical clearance of ten (10) feet. In the event a business development houses more than one (1) business, an additional three (3) square feet of signage will be allowed for each additional business on the same sign.

4.

Mansard, awning/canopy sign, the sign area of which shall not exceed twenty-five per cent (25%) of the total surface area or fifty per cent (50%) of the leading edge.

5.

For each business or business development, an additional area of interior window signs shall be permitted. No one window sign shall exceed twenty (20) square feet in area, and the total of all window signs shall not exceed twenty-five per cent (25%) of the surface area of any given window.

B.

Temporary and other on-premises advertising signs.

1.

The following signs are allowed for temporary use. Temporary use shall be limited to thirty (30) consecutive days, three (3) times per year with a minimum of thirty (30) consecutive days between uses. The use of one type of temporary sign shall preclude the use of any other at the same time and the use of any shall be counted toward the annual allotment.

i.

Pennants and streamers. These shall not exceed twice the length of the street frontage of the property on which they are being used.

ii.

Banners. Banners shall not exceed thirty-two (32) square feet in area. One (1) banner is allowed per street upon which the business has frontage.

iii.

Inflatable balloons. One (1) inflatable balloon not to exceed forty (40) feet in height, set back from any property line one (1) foot for every one (1) foot of height. Only cold air or helium inflated, roof mounted or ground mounted, balloons can be used. The balloon may be illuminated so long as the light source is shielded to prevent direct light on adjoining properties and roadways and does not flash. Further, no balloon is allowed to interfere with utility lines, traffic circulation, fire lanes or the visibility of drivers.

2.

Other signs.

i.

One (1) sandwich board sign shall be permitted per business development and shall be in new condition and good repair. The sign may not exceed fifteen (15) square feet with a maximum height of five (5) feet and a maximum width of three (3) feet. A sandwich board may only be displayed during business hours, shall be legible when read by a driver traveling at the posted speed limit, shall not block the sidewalk or interfere with the right of way, shall be located adjacent to the building and be fixed with no moving parts.

ii.

One (1) portable sign which shall not exceed thirty-two (32) square feet in area and used no more than fourteen (14) consecutive days per year or thirty (30) consecutive days in the event of a grand opening. Alternatively, a portable sign may be used for specific short term events. If the sign is used for a specific event, the sign may be used the day prior to the event and during the event and must be removed from the business within three (3) days. Any time the sign is on the property shall be counted toward the fourteen (14) days allowed annually.

(Ord. No. 2005-14, 10-24-05)

For parcels in the LID and the GID Zoning Districts and also within any industrial park within the city and where the local development finance authority serves as the developer, only the following signs shall be permitted under the conditions set forth below:

A.

Permanent signs. Identifying the occupied premises including wall signs, monument signs, painted wall signs and numerical street address signs are permitted, provided they are consistent in design and quality established as standard by the developer for the entire development and prior written approval of the developer has been obtained.

B.

Temporary signs including:

1.

Real estate signs: A total of one (1) sign advertising the premises for sale or lease not to exceed twenty-four (24) square feet in size and provided it is not lighted and contains no moving parts.

2.

Project sign: A total of one (1) construction project identification sign not to exceed thirty-two (32) square feet in size and provided it is not lighted and contains no moving parts.

C.

Center identification sign: Each industrial park development is permitted one (1) ground, pole or monument sign for each public street on which the development has frontage. The permitted sign area for shall not exceed one hundred (100) square feet in area or a maximum height of twenty (20) feet.

D.

Signs erected by or at the direction of the developer or any governmental agency authorized to erect such signs including: highway or street signs, directional signs associated with off-street parking or traffic control functions, signs posted to control or prohibit hunting or trespassing, and essential public service signs.

(Ord. No. 2005-14, 10-24-05)

Notwithstanding the provisions of Article XXIV, pertaining to nonconforming uses, buildings, or structures, all nonconforming signs may continue after the effective date of adoption or amendment of this Ordinance. A nonconforming sign which is damaged by any means whatsoever to an extent of more than fifty per cent (50%) of its replacement cost shall not be reconstructed except in conformity with the provisions of this Article.

Any sign which is damaged to an extent of fifty per cent (50%) or less of its replacement cost may be restored in its location existing prior to such damage, provided such construction is commenced within ninety (90) days of the date of damage and is diligently pursued to completion. Failure to complete reconstruction within one hundred eighty (180) of the date of damage shall result in the loss of legal nonconforming status.

Any legal nonconforming sign shall comply with this Ordinance to the extent feasible without physical alteration of its legal nonconforming status. Such compliance shall include, without limitation, compliance with allowable lighting methods (e.g. no oscillating, flashing, blinking or intermittent illumination), lumen standards set forth in this Ordinance and the building code (e.g. the business shall be required to ensure lumens on adjacent properties do not exceed allowable limits) and illumination during hours of operation only.

(Ord. No. 2005-14, 10-24-05)