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Fennville City Zoning Code

ARTICLE 18

Signs

§ 450-1801 Purpose and intent.

A. 
Intent. The sign regulations in this article are intended to balance the public and private interests. The purpose of this article is to promote a safe, well-maintained, vibrant, and attractive community while accommodating the need for signs to inform, direct, identify, advertise, advocate, promote, endorse, and otherwise communicate information. The objectives of this article are:
(1) 
Public safety. To promote the free flow of motorized and nonmotorized traffic and protect motorists, passengers, and pedestrians from injury and property damage caused by, or which may be fully or partially attributable to, cluttered, distracting, or illegible signage that results in confusion and hindrance of vision. Also, to protect public safety by prohibiting or removing signs that are structurally unsafe or poorly maintained.
(2) 
Community aesthetic quality and character. To protect and enhance the physical appearance of the community and property values by preventing blight, visual clutter, excessive lighting, and out-of-scale signage that degrade the aesthetic views and/or property values of the community. To promote signage that contributes to the streetscape element and aids in creating a "sense of place."
(3) 
Free speech. To ensure that the constitutionally guaranteed right of free speech is protected and to allow signs as a means of communication.
(4) 
Effective communication. To encourage the appropriate design, scale, and placement of signs in a manner that communicates effectively to the intended reader.
(5) 
Economic development. To allow for adequate and effective signage for businesses to inform, identify, and communicate effectively.
(6) 
Ease of administration. To have standards and administrative review procedures that are simple for property owners, tenants, and sign installers to understand and follow.

§ 450-1802 Definitions.

A. 
Applicability. The following words and phrases shall have the meaning set forth in this article when they are used.
B. 
Sign type definitions. The following definitions apply to types of signs based on the characteristics of the sign without respect to the content of the message:
ABANDONED SIGN
A sign that no longer identifies or advertises an ongoing business, product, location, service, or activity conducted. Whether a sign has been abandoned shall be determined by the intent of the owner of the sign and shall be governed by applicable case law and statutory law on abandoned structures.
ANIMATED SIGN
A sign that has any visible moving part either constantly or at intervals; flashing, intermittent, or oscillating lights; visible mechanical movement of any description; or other apparent visible movement achieved by any means that move, change, flash, oscillate or visibly alters in appearance to depict action, create an image of a living creature or person, or create a special effect or scene. This definition does not include changeable-copy signs and electronic message center (EMC) signs that are in compliance with this article.
AWNING SIGN
A permanent projecting sign that is painted or screen printed on the exterior surface of an awning.
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BALLOON SIGN
A temporary sign that is an air-inflated object, which, unlike air-activated signs, retains its shape. A balloon sign is made of flexible fabric, rests on the ground or structure, and may be equipped with a portable blower motor that provides a constant flow of air into the device. Balloon signs are restrained, attached, or held in place by a cord, rope, cable, or similar method.
BANNER SIGN
A sign on paper, cloth, fabric or other flexible or combustible material of any kind that is attached flat either to a wall or temporarily to a permanent sign face.
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BILLBOARD SIGN (OUTDOOR ADVERTISING SIGN)
A permanent freestanding pole sign erected, maintained, and used in the outdoor environment for the primary purpose of the display of commercial or noncommercial messages.
CANOPY SIGN
A permanent projecting sign affixed to the side or bottom surface(s) of an attached or freestanding canopy.
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CHANGEABLE-COPY SIGN
A permanent sign or portion thereof on which the copy or symbols change either automatically through electrical or electronic means (e.g., time and temperature units), or manually through placement of copy and symbols on a panel mounted in or on a track system.
ELECTRONIC MESSAGE CENTER (EMC) SIGN
An electrically activated changeable-copy sign whose variable message and/or graphic presentation capability can be electronically programmed. EMCs typically use light emitting diodes (LEDs) as lighting sources.
FESTOONS
A string of ribbons, pennants, spinners, streamers, tinsel, small flags, pinwheels, or lights typically strung overhead and/or in loops.
FLAG
A sign on paper, cloth, fabric or other flexible or combustible material of any kind that is attached to a permanent conforming pole or attached flat to a wall.
FREESTANDING SIGN
A sign supported by one or more uprights, poles, pylons, monuments, or braces placed in the ground and not attached to any building or other structure. Freestanding signs include, but are not limited to, pole signs and monument signs.
INCIDENTAL SIGN
A small sign designed and located to be read only by people within the site and generally not visible or legible from the right-of-way or adjacent properties. Examples of incidental signs include, but are not limited to, credit card signs, signs indicating hours of business, no smoking signs, signs used to designate bathrooms, handicapped signs, traffic control signs that conform to the requirements of the Michigan Manual of Uniform Traffic Control Devices, and other signs providing information to be read at close proximity.
MONUMENT SIGN
A base-mounted, freestanding sign placed in the ground and not attached to any building or other structure. A monument sign shall have a solid supporting base equal to or greater than the width of the sign face constructed of a decorative and durable material (e.g., masonry), and shall have no separations between the sign face and the base.
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MURAL
A wall sign that is painted or drawn on the exterior surface of a structure.
POLE SIGN
A type of freestanding sign that is elevated above the ground on poles or braces.
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PROJECTING SIGN
A sign attached to a building or other structure and extending beyond the attachment surface by more than 18 inches. A "projecting sign" is differentiated from a "wall sign" based on the distance the sign projects from the surface of the building. Projecting signs consist of "awning signs," "canopy signs," and "marquee signs."
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SANDWICH BOARD SIGN
A portable temporary sign or signboard that is freestanding and not permanently anchored or secured to either a building, structure, or the ground. Often referred to as "sidewalk signs," sandwich board signs include, but are not limited to, so called "A" frame, "T" shaped, or inverted "T" shaped stands.
WALL SIGN
A sign attached to, painted on, inscribed, or otherwise set upon the exterior wall or surface of any building, no portion of which projects more than 18 inches from the wall and which may not project above the roof or parapet line.
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WINDOW SIGN
A sign that is painted on or attached to a window or glass door that is intended to be viewed from the exterior, including signs located inside a building but visible primarily from the outside of the building.
YARD SIGN
A portable temporary sign or signboard that is freestanding and temporarily anchored or secured to the ground. See also "sandwich board sign."
C. 
Sign general definitions. The following general definitions apply to this article:
AWNING
A fireproof space frame structure with translucent flexible reinforced vinyl or canvas covering designed in awning form and extending outward from the building wall.
BUILDING FRONTAGE
The length of the front (entry) portion of a building occupied by a single tenant, often facing a street fronting the premises on which the tenant is located.
HEIGHT, MAXIMUM
Shall be measured from grade to the highest edge of the sign surface or its projecting structure.
HEIGHT, MINIMUM
Shall be measured from grade to the lowest edge of the sign surface or its projecting structure.
SIGN AREA
The entire area within a circle, triangle, rectangle, oval, or other geometric shape enclosing the extreme limits of writing, representation, emblem, or any figure of similar character, together with any frame or other material or element forming an integral part of the display or used to differentiate the sign from the background against which it is placed, excluding the necessary supports or uprights on which such sign is placed. An awning shall not be deemed to be a sign frame.
SIGN, TEMPORARY
A sign, with or without a structural frame, intended for a limited period of display for 30 days or less.

§ 450-1803 General provisions.

A. 
Applicability. The following conditions shall apply to all signs within any zoning district in the City.
B. 
Permit required. No permanent signs may be erected without a permit except for the following signs which are exempt from the provisions of this chapter with respect to permits, heights, area, and location, unless otherwise provided in this section.
(1) 
Exemptions.
(a) 
Highway signs erected by the State of Michigan, County of Allegan, or the City. Governmental use signs erected by governmental agencies to designate hours of activity or conditions of use for parks, parking lots, recreational areas, other public places, or for governmental buildings.
(b) 
Historic signs designating sites recognized by the State Historical Commission or similar agencies as centennial farms or historic landmarks, provided that any such sign does not exceed nine square feet in area or five feet in height.
(c) 
Placards posted to control or prohibit hunting or trespassing within the City, provided that any such sign does not exceed one square foot in area or five feet in height.
(d) 
Essential service signs denoting utility lines, railroad lines, hazards, and precautions.
(e) 
Memorial signs or tablets which are either:
[1] 
Cut into the face of a masonry surface; or
[2] 
Constructed of bronze or other noncombustible material when located flat on the face of a building.
(f) 
Signs and nameplates less than two square feet in area.
C. 
Sign location. Signs in the City shall comply with the following locational requirements.
(1) 
Right-of-way prohibited. Unless otherwise permitted, no sign, except those established and maintained by the City, county, state, or federal governments, shall be located in, project into, or overhang a public right-of-way or dedicated public easement. For signs within the right-of-way, a sidewalk use permit shall be required. Signs within the right-of-way along M-89, or any other state-owned roadway, shall require a permit from the Michigan Department of Transportation (MDOT).
(2) 
Clear vision triangle area prohibited. No sign shall be located in the clear vision triangle area. Clear vision triangles on M-89 are subject to MDOT approval.
(3) 
Projections. Unless otherwise permitted, no sign shall project beyond or overhang the wall or any permanent architectural feature (e.g., awning, canopy, or marquee) by more than 36 inches and shall not project above or beyond the highest point in the roof or parapet.
(4) 
Safety. No sign shall be permitted at any location that, in the sole discretion of the Zoning Administrator, or their designee, creates any type of safety hazard or visual impediment to pedestrian or vehicular traffic.
D. 
Maintenance required. All signs within the City of Fennville shall be kept in a well-maintained condition, free from disrepair, debris, and other applicable elements. The City Zoning Administrator, or their designee, may enforce the regulations of this article per the enforcement procedures described in Article 23.
E. 
Measuring sign area and height. The total sign area is to be expressed in square feet and shall be computed as herein set forth.
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(1) 
Single-faced signs. Single-face sign's total area shall be computed as the number of square feet within lines drawn at the outer perimeter forming any single and/or combination of geometric shapes, such as a square, rectangle, triangle, oval, or circle encompassing the extreme limits of an individual letter(s), word(s), message(s), representations, emblem or any similar figure, including open space(s), together with any frame or other material forming an integral part of display used to differentiate such sign from the background against which it is placed.
(2) 
Double-faced signs. Double-face signs having two faces of equal size arranged and/or positioned back-to-back and parallel or with the faces shall be computed as 1/2 of the total area of the two faces. When the faces of such a sign are not of equal area, then the area of the sign shall be computed as the total area of the largest face.
(3) 
Signs with three or four faces. When signs have three to four faces of equal size arranged and/or positioned with the faces in the plain or vertical view, the area of the sign shall be computed as the total area of the largest two faces. The area of three-dimensional signs shall be measured by computing the total area of the largest two faces measured at a two-dimensional view.
(4) 
Wall sign area measurements. When two single-face wall signs are arranged and/or positioned within 36 inches of each other, the area of the two signs shall be computed as one single face sign and total area shall include the open space between the two separate faces.
(5) 
Sign height. The height of the sign shall be measured from the sign grade. The maximum sign height shall be measured from the sign grade to the top of the sign. The minimum height, if applicable, shall be measured from the sign grade to the bottom of the sign.
F. 
Electronic displays. An electronic display is permitted as a secondary element to a ground or wall sign.
(1) 
An electronic display shall not consist of more than 50% of the total sign area.
(2) 
The sign shall only convey a single product or message at any one time.
(3) 
Except for the change from one display to the next, each individual sign shall be static. No element of the static display may move, flash, change color, dissolve or scroll, except to change from one display to the next.
(4) 
Displays may change not less than six seconds apart.
(5) 
Voids or burned bulbs shall be replaced within 10 business days.
G. 
Illumination regulations.
(1) 
Internal illumination shall be shielded in such a manner that it is not visible from the street or any adjoining property, and the light source shall be of a warm, non-glare type.
(2) 
Lumen not to exceed 270 per square foot.
(3) 
Internal illumination shall be static and stationary in nature. There shall be no movement, appearance of movement, intermittent illumination, blinking at any interval, or changing color.
(4) 
External direct lighting shall be directed to not cause glare onto traffic or adjacent properties.

§ 450-1804 Sign area and height requirements.

A. 
Area and height requirements. The following height and area requirements shall apply to all signs within the City, except the sign types listed in § 450-1803B above.
(1) 
Signs in the B-1 and E Districts. Each business may use any combination of the following dimensions not to exceed 100 square feet for all signs.
(a) 
If a sign type is not listed in the Table below, it shall be considered prohibited. For B-1 parcels that are subject to architectural design standards, the Downtown Design Review Committee shall have the jurisdiction to permit a sign type that is not listed in the Table below, provided that it is determined that the proposed sign type meets the general intent of this article.
Sign Type
Maximum Number Permitted
(per site)
Maximum Area Permitted
Maximum Height Permitted
Monument/ground signs
1 per street frontage
64 square feet
8 feet on lots with 2 or more major tenants; the maximum height is 10 feet
Projecting signs
1 per business per street frontage
6 square feet; shall not project further than 18 inches from the structure
Electronic message center signs
1
30 square feet
5 feet
Freestanding pole signs
1
32 square feet
8 feet
Wall signs
1 per street frontage
1 square foot per 1 linear foot of wall frontage remaining after removing area for windows and doors
Window signs
15% of the window area
Banner, canopy, awning, or marquee signs
1 per business
1 square foot per 1 linear foot of wall frontage remaining after removing area for windows and doors
Sandwich board signs
1 per business
6 square feet
3 feet
(b) 
Freestanding pole signs shall be prohibited for all B-1 parcels that are subject to architectural design requirements in § 450-1108.
(c) 
Electronic message center (EMC) signs are prohibited for all B-1 parcels that are subject to architectural design review.
(2) 
Signs in the R-1, R-2, and RM Districts. Each business may use any combination of the following dimensions not to exceed 100 square feet for all signs. The Planning Commission may permit other sign types not listed in the Table below, provided that the intent of this article is met by using the special land use decision criteria in Article 20.
Sign Type
Maximum Number Permitted (per site)
Maximum Area Permitted
Maximum Height Permitted
Monument/ground sign
1
6 square feet
2 feet
Yard signs
1
6 square feet
2 feet
Freestanding pole sign
1
32 square feet
8 feet
Wall signs
1 per street frontage
1 square foot per 1 linear foot of wall frontage remaining after removing area for windows and doors
(3) 
Signs in the CBD. For signs in the CBD, the following standards shall apply:
(a) 
Signs on the ground shall be set back two feet from the right-of-way and side property line. If the sign will be located adjacent to a residential use, the sign shall be no less than 10 feet from side property line.
[1] 
Pole signs are prohibited.
[2] 
All signs shall be designed to match the character and scale of surrounding properties of similar use.
(b) 
Sign illumination regulations.
[1] 
Internal illumination shall be shielded in such a manner that it is not visible from the street or any adjoining property, and the light source shall be of a warm, non-glare type.
[2] 
Lumen not to exceed 270 per square foot.
[3] 
Internal illumination shall be static and stationary in nature. There shall be no movement, appearance of movement, intermittent illumination, blinking at any interval, or changing color.
[4] 
External direct lighting shall be directed to not cause glare onto traffic or adjoining properties.
[5] 
Electronic display signs are prohibited.
[6] 
Multi-family uses located on upper floors may place signage on the building facade or windows only.
(c) 
Dimension and location requirements. All signs shall have areas not exceeding the following dimensions. Each business may use any combination of the following dimensions not to exceed 40 square feet for all signs for that business.
[1] 
If a sign type is not listed in the Table below, it shall be considered prohibited. The Downtown Design Review Committee shall have the jurisdiction to permit a sign type that is not listed in the Table below, provided that it is determined that the proposed sign type meets the general intent of this article.
Sign Type
Maximum Area
Maximum Height
Location Requirement
Window
25% of window area of display
Not applicable
Ground floor windows only except for 2nd/3rd floor apartments
Marquee
30 square feet
6 feet
Maximum 12 feet over sidewalk; shall not extend beyond curb
Canopy/awning
30% of the canopy
Maximum 8 feet over sidewalk
Wall or mural
25% of ground floor wall area
Not permitted above the windowsill of second floor windows
Projecting
30 square feet
6 feet
Maximum extension of 8 feet over sidewalk
Ground
30 square feet
6 feet
Must meet setback requirements
Sandwich board sign
6 square feet
3 feet
Maximum 2 feet from storefront;
Not to impede on pedestrian experience

§ 450-1805 Prohibited signs.

A. 
The signs listed below shall not be permitted, erected, or maintained in any zoning district.
(1) 
Any sign which incorporates any manner of flashing, moving or rotating lights (although signs may be illuminated if the source of light is not visible).
(2) 
Any sign which has light strings, blinking lights, visible moving or revolving parts, or other similar devices used to attract the attention of the public.
(3) 
Any sign which is structurally unsafe or constitutes a hazard to safety or health, or which is not kept in good repair.
(4) 
Any sign which, by reason of its size, location, coloring, manner of illumination, or any other reason, may interfere with, obstruct the view of, or be confused with an authorized traffic sign, signal, or device.
(5) 
Any sign which obstructs visibility at street intersections.
(6) 
Any sign painted on or attached to any vehicle, trailer, farm or industrial machinery, airplane or railroad locomotive or car which is permanently fixed to the ground, whether or not operable. This provision shall not prohibit lettering or advertising on operable commercial vehicles which are not fixed to the ground.

§ 450-1806 Regulation of billboards.

A. 
Location. Billboards may be erected adjacent to M-89, provided that they must meet all of the following conditions. For purposes of these conditions, double-faced billboards (i.e., structures with back-to-back faces containing or able to contain advertising) and V-shaped billboards having only one face visible to traffic proceeding from any given direction on a street shall be considered as one billboard.
(1) 
Billboards having more than one face, including billboards with tandem (side-by-side) or stacked (one-above-the-other) faces, shall be considered as multiple billboards and shall be prohibited in accordance with the minimum spacing requirements set forth below. A billboard's surface display area containing or able to contain advertising shall be considered to be the billboard's face(s).
(2) 
Not more than three billboards may be located per linear mile of street, regardless of the fact that such billboards may be located on different sides of the street. The linear mile measurement shall not be limited to the City's boundaries if the particular street extends beyond such boundaries.
(3) 
No billboard may be located within 1,000 feet of another billboard. The 1,000-foot measurement shall not be limited to the City's boundaries.
(4) 
No billboard may be located within 200 feet of any residential zoning district, a pre-existing dwelling, a pre-existing church, or a pre-existing school. If the billboard is illuminated, the required distance shall be increased to 300 feet.
(5) 
No billboard may be located closer than 75 feet from a property line adjoining a street. No billboard may be located closer than 10 feet from any other property line of the lot on which the billboard is located.
(6) 
A billboard's face may not exceed 300 square feet. Double-faced billboards and V-shaped billboards may have two faces, but neither one may exceed 300 square feet.
(7) 
A billboard's height may not exceed 20 feet above the grade of the ground upon which the billboard sits, or above the grade of the abutting street, whichever is higher.
(8) 
No billboard may be placed on top of, cantilevered from, or otherwise suspended above the roof of any building.
(9) 
A billboard may be illuminated, but only if such illumination is concentrated on the billboard's face(s) and is located so as to avoid glare or reflection onto any portion of an adjacent street, the path of oncoming vehicles, or any adjacent lot. No rotating or oscillating beam, beacon, flashing illumination, or intermittent lights may obscure or interfere with the effectiveness of an official traffic sign, signal, or device.
(10) 
A billboard shall be securely anchored and otherwise adequately constructed in order to withstand all wind and vibration forces, which can normally be expected to occur in the vicinity. A billboard shall be adequately maintained to assure its continued structural soundness and the continued readability of its message.
(11) 
A billboard adjacent to the interstate highway, freeway, and primary highway systems of the State of Michigan, as such terms are defined in the Highway Advertising Act of 1972 (Michigan Public Act 106 of 1972, as amended),[1] shall comply with all of the above requirements as well as the applicable regulations promulgated thereunder, as such provision and/or regulations may be amended from time to time.
[1]
Editor's Note: See MCL 252.301 et seq.